01-12-93 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JANUARY 12. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet if
you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission by
the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
City Commission
Regular Meeting
1/12/93
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes:
/Regular meeting of November 24, 1992
/Regular meeting of December 1, 1992
JRegular meeting of December 8, 1992
vSpecial meeting of December 16, 1992
6. Proclamations:
A. Martin Luther King, Jr. Day - January 18, 1993.
B. Teller Appreciation Week - January 25, 1993 through January
29, 1993.
C. Recognizing and commending George P. Oslin.
1. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 5-93: A resolution vacating and abandoning a
portion of the 16 foot alley right-of-way located on the west 16
feet of Block 73, Town of Linton adjacent to the Publix Shopping
Center in Pineapple Grove.
B. FINAL PLAT APPROVAL: Approve the final plat for the Cason
Methodist Church located at the southwest corner of N. Swinton
Avenue and N.W. 4th Street.
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C. WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS/COMPUTER PARTS:
Waive LDR Section 4.6.16{H) (3) (e) to permit the elimination of
the boundary landscape buffer along the south property line for
Computer Parts located on the east side of S.E. 1st Avenue, south
of Atlantic Avenue.
D. WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS/ELWOODS BAR-B-OUE:
Waive LDR Sections 4.6.16{H) (3) (a) and 4.6.16{H) (3) (j) for
Elwood Bar-b-que located at the northeast corner of Atlantic
Avenue and N.E. 3rd Avenue (old Flamingo Gasoline Station).
E. DELETION OF PROJECT FROM CBD ALLEYWAY IMPROVEMENT PROJECT:
Delete a 16 foot alley, located just south of the Cason Methodist
Church parallel to and between N. Swinton Avenue and N.W. 1st
Avenue in Block 571 from the CBD Alleyway Improvement Project.
F. RATIFICATION OF CORRECTIVE CHANGES TO THE COMMUNITY
REDEVELOPMENT AGENCY PLAN: Ratify changes to the CRA Plan
adopted on December 11 1992.
G. TEMPORARY USE AGREEMENT WITH PALM BEACH COUNTY: Approve a
temporary use agreement with Palm Beach County for the use of
parking facilities located at the northwest corner of S.W. 1st
Avenue and to use the parking lot 200 W. Atlantic Avenue 1 South
County Courthousel in conjunction with the Virginia Slims
Tournament.
H. TEMPORARY USE AGREEMENT WITH PALM BEACH COUNTY: Approve a
temporary use agreements with Palm Beach County to use Lake Ida
Park West for parking in conjunction with the Virginia Slims
Tournament.
I. COMMERCIAL/INDUSTRIAL LOAD CONTROL PROGRAM AGREEMENT:
Approve the Commercial Industrial Load Control Program Agreement
with Florida Power and Light for North and South Repump Stations
located at 200 N.W. 1st Avenue and 500 S. Swinton Avenue,
respectively.
J. FUNDING AGREEMENT WITH DELRAY BEACH HOUSING AUTHORITY:
Approve a funding agreement with the Housing Authority which
q .\\,9-' provides for the release of $25/000 of Community Development
Block Grant funding to be used to renovate the child care
facility at Carver Estatesj funding is available from CDBG -
Childcare Center (Account No. 118-1976-554-82.09).
K. AMENDMENT TO THE GENERAL FUND: Approve an amendment to the
General Fund to reflect savings resulting from recalculation of
the General Employee Retirement Fund.
DISMISSAL OF COUNTERCLAIM/KETTELHUT VS. CITY OF DELRAY BEACH:
3 kuthorize staff to dismiss the counterclaim in the Kettelhut vs.
~.~. . City of Delray Beach litigation.
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City Commission
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p~ M. OBJECTION TO COUNTY PROPOSAL RE. COUNTY WATER SERVICES FOR
.~~ COUNTRY CLUB ACRES: Object to County Utility proposal to provide
~\ water service within the City's planning area (Country Club
Acres) .
N. EMERGENCY REPAIR: Approve the award of bid to Ocean bay
Construction, Inc. in the amount of $38,475 for the emergency
installation of a new eight inch water main to connect Sabal
Lakes Subdivision with Rainberry BaYi with funding from Water and
Sewer Fund - Water Mains (Account No. 441-5161-536-63.50).
O. CHANGE ORDER NO. l/WYNN AND SONS: Approve a change order
which modifies the contract for Lift Station No. 86 located on
Barwick Road, by adjusting the completion date to August 17,
1993, due to delays by the Palm Beach County School Board in
constructing off-site improvements.
P. REJECTION OF BIDS AND AUTHORIZATION TO REBID/SANITARY SEWER
REHABILITATION PROJECT: Reject the bids received for the
Sanitary Sewer Rehabilitation Project as being non-responsive and
authorize staff to rebid the project.
Q. DEDUCT CHANGE ORDER AND REOUEST FOR FINAL PAYMENT: Approve a
deduct change order in the amount of $59,021.56 for final
plus/minus as-built quantities and a request for final payment
from Dutch Construction Co. in the amount of $21,013.48 for
completion of the Atlantic Avenue (I-95 to Swinton)
Beautification projecti with funding from Decade of Excellence
Bond Issue - Atlantic Avenue Beautification (Account No.
225-4141-572-51.49).
R. DEDUCT CHANGE ORDER NO. 4/MOLLOY BROTHERS. INC.: Approve a
deduct change order in the amount of $74,515.78 for final
plus/minus as-built quanti ties for the N. W. Drainage Outfall
Project.
S. REOUEST TO THE BOARD OF COUNTY COMMISSIONERS: Consider
submitting a request to the Board of County Commissioners with
regard to the South County Manatee Protection Plan.
T. ALLOCATION OF ADDITIONAL FUNDING AND APPROVAL OF AN AGREEMENT
WITH FLORIDA POWER AND LIGHT RE. FACILITIES RELOCATION: Approve
the allocation of an additional $24,858 in funding for the
~~ relocation of an existing overhead utility line to an underground
,\\'If- facility along the seawall at Veteran's Park and approve a
.~ utility line agreement in conjunction with the proposed
~\ relocation; with funding from Decade of Excellence Bond Issue -
Prior Year Interest Earnings (Account No. 225-0000-301-25.00).
U. RESOLUTION NO. 1-93: A resolution assessing costs for
abatement action required to demolish an unsafe structure at
48 1/2 N.W. 3rd Avenue.
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V. RESOLUTION NO. 2-92: A resolution assessing costs for
abatement action required to board up an unsafe structure at
401 Southridge Road.
W. RESOLUTION NO. 3-93: A resolution assessing costs for
abatement action required to demolish an unsafe structure at
31 N.W. 6th Avenue.
X. RESOLUTION NO. 4-93: A resolution assessing costs for
abatement action required to remove nuisances on 17 properties
located within the City.
Y. RETENTION OF OUTSIDE COUNSEL: Authorize the City Attorney's
office to retain Attorney Scott Mager, Esq. of Wienstein,
Zimmerman and Nussbaum to represent Officers William Wagner and
Glenn Goss in the Randall Shaw vs. William Wagner and Glenn Goss
litigation.
Z. AWARD OF BIDS AND CONTRACTS:
1. South Water Reservoir Rehabilitation - Elkins Constructors,
Inc. in the amount of $746,000 with funding from Water and Sewer
Renewal and Replacement - South Reservoir Rehab (Account No.
442-5178-536-61.80)j pending budget transfer.
2. Moveable Wall Partitions - Pompey Park - Gulfstream Shutters,
Inc. in the amount of $10,950 with funding from General
Construction Fund - Renewal and Replacement Office
Furniture/Fixtures (Account No. 334-6112-519-64.10).
3. Toro Groundsmaster Mower - Parks and Recreation - Hector Turf
in the amount of $12,615.78 with funding from Cemetery Fund -
Perpetual Care - Equipment Other (Account No.
667-4511-539-64.90) .
4 . Toro Reelmaster Mower - Golf Course - Hector Turf in the
amount of $19,639.44 with funding from Golf Course - Other
Equipment (Account No. 445-4761-572-64.90).
5. Housing Rehabilitation Awards - Various vendors and in the
amounts indicated below with funding from CDSG Housing Rehab.
(Account No. 118-1963-554-49.19):
510 S.W. 9th Street - Preston Construction - $17,215
313 N.W. 5th Avenue - Intercontinental Const. - $19,935
323 N.W. 6th Avenue - Intercontinental Const. - $16,343
6. Rehabilitation of Sanitary Sewers in Systems 17 and 18 -
Environmental Services - Insituform in the amount of $240,000,
with funding from Water and Sewer Renewal and Replacement -
Manhole Rehabilitation (Account No. 442-5178-536-61.84) .
9. Regular Agenda:
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City Commission
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A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period December 7,
1992 through January 8, 1993.
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION:
Consider an appeal of the SPRAB Board decision with regard to
signage for Trails End Plaza. City Manager recommends denial.
C. REOUEST FOR CONDITIONAL USE MODIFICATION/ABBEY DELRAY SOUTH:
Consider a request for conditional use modification to expand the
existing Continuing Care Facility and Nursing Home at Abbey
Delray South. City Manager recommends approval.
D. WAIVER OF PERIMETER LANDSCAPE AND IRRIGATION REOUIREMENTS:
Consider a request for waiver of LOR Sections 4.6.16(H}(3}(d) and
4.6.16(F) from Coastal Revegetation, Inc. for property located at
the northeast corner of Swinton Avenue and N.E. 2nd Street.
Historic Preservation Board recommends approval of waiver of
Section 4.6.16(H)(3)(d) and DENIAL of waiver of Section
4.6.16(F).
E. CONSIDERATION OF BID AWARD/MASTER PUMP STATION PROJECT:
Consider the bids received for the Master Pump Station Project;
waiving irregularities for the low bidder; and, awarding the
contract for the Master Pump Station project.
F. AWARD OF BID/DRAINAGE IMPROVEMENTS - TROPIC HARBOR/SPANISH
TRAIL: Consider awarding the bid for Drainage Improvements -
Tropic Harbor/Spanish Trail to Tiger Construction Services, Inc.
in the amount of $198,865 with funding from Storm Water Utility -
N.W. Drainage (Account No. 448-5411-538-62.11/$ 25,000),
Germantown (Account No. 448-5411-538-62.15/ $100,000), N.W.
Drainage Phase I (Account No. 448-5411-538-62.16/$ 50,000), and
Homewood Drainage (Account No. 448-5411-538-63.31/$ 30,000). The
indicated amounts will be transferred into Tropic Harbor Drainage
(Account No. 448-5411-538-63.32).
G. DIRECTION WITH REGARD TO BALLOT OUESTION FOR MARCH 1993
SPECIAL ELECTION: Provide staff with direction with regard to
calling for a Special Election on March 9, 1993 to consider the
question of modifying the Decade of Excellence Bond issue for the
S.W. 10th Street project.
H. CHANGE ORDER NO. l/FALKAV. INC. AND ALLOCATION OF ADDITIONAL
FUNDING: Consider approval of a change order in the amount of
$47,697.70 for miscellaneous changes for the Tennis Center
project which includes, site and building revision, tennis court
revisions, tournament facilities additions and a fenced play area
north of the Community Center as required by H.R.S.; with funding
from General Construction Fund - Tennis Center/Stadium (Account
No. 334-4145-572-63.41) and allocation of additional funding in
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the amount of $250,000 from the CRA repayment to cover additional
costs. City Manager recommends approval.
I. ADDENDUM NO. 1 TO SERVICE AUTHORIZATION NO. 2/LAWSON AND
NOBLE: Consider approving an addendum in the net amount of
$13,687, plus reimbursable expenses of $4,813 for engineering
design services in conjunction with the Northeast/Northwest Road
Reconstruction Project; with funding from Decade of Excellence
Bond Issue - Street Reconstruction Phase I (Account No.
225-3162-541-61.17). The addendum also deletes construction
administration services from the contract for a net savings of
$17,412.60. City Manager recommends approval.
J . CHANGE ORDER NO. 2/DEES CONTRACTING. INC. : Consider
/approving a change order in the amount of $18,253.46 for
miscellaneous structural repairs required on the Elevated Storage
Tank; with funding from Water and Sewer Renewal and Replacement -
Rehabilitation of 1/2 Million Gallon Elevated Tank (Account No.
442-5178-536-61.79/pending budget transfer from Project Reserves
- Account No. 442-5178-536-99.01). City Manager recommends
approval.
vlK. CHANGE ORDER NO. 5/MOLLOY BROTHERS. INC.: Consider approval
of a change order in the amount of $233,540 for the installation
of storm sewers, utility upgrades and roadway reconstruction of
N.W. 6th Avenue adjacent to the new Central Fire Station from
Atlantic Avenue to N.W. 2nd Street and extending the contract
completion date to March 5, 1993; with funding from Decade of
Excellence Bond Issue (Account No. 225-3161-541-61.39/$146,965)
and 1992 Water and Sewer Revenue Bond (Account No.
442-5178-536-61.79/$86,575). City Manager recommends approval.
~. CHANGE ORDER NO. 1/ S.I. NICHOLAS. INC. Approve a change
~o0rJJ ~ order in the amount of $17,351.04 for miscellaneous changes for
the Fire Station Headquarters Project; with funding from 1992
Bond Anticipation Note - Central Fire Station (Account No.
fO~ 227-2311-522-61.56/$12,160.51) and Water and Sewer Renewal and
Replacement - Fire Hydrant Replacement (Account No.
442-5178-536-61.77/$5,190.53). City Manager recommends
approval.
/M. CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/MAN CON
INC. : Approve a change order in the amount of $54,992.63 for
final plus/minus as-built quantities and a request for final
payment from Man Con, Inc. in the amount of $96,993.66 for
completion of Former Enclaves (Germantown and Lake Ida Road)
Water and Sewer Improvement Project; with funding from 1991 Water
and Sewer Revenue Bond - Buildings (Account No.
447-5167-536-60.31) . City Manager recommends approval.
) N. CHANGE ORDER NO. 3 AND REOUEST FOR FINAL PAYMENT/GATEWAY
CONSTRUCTION COMPANY: Approve a change order in the amount of
$59,382.17 for final plus/minus as-built quantities and which
extends the contract completion date by 48 days; and, a request
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for final payment from Gateway Construction Company in the amount
of $122,093.76 for completion of Former Enclaves (N. Federal
Highway) Water and Sewer Improvements Project; with funding from
1991 Water and Sewer Revenue Bond - Buildings (Account No.
447-5167-536-60.31). City Manager recommends approval.
~O. CABLE TELEVISION RULE MAKING: Consider commenting on various
proposed rules by the FCC effecting various aspects of cable
television regulation.
P. SETTLEMENT OFFER: Consider an offer in the amount of
$28,500 to settle Willie Nelson v. City of Delray Beach. City
Attorne~ and Risk Manager recommend acceptance.
10. S ~ DOtnOwn Fo~ ~ q-- tC
Public Hearings:
./A. ORDINANCE NO. 66-92: An ordinance amending the title of
Chapter 96 to "Fire Safety and Emergency Services" and repealing
Section 96.16 and enacting a new Section 96.16 to adopt by
reference portions of Florida Statutes Section 63.01, State Fire
Marshal Rules, and certain minimum National Fire Safety Codes;
and providing that a violation of the above named codes shall be
deemed a violation of City ordinances in order to enhance the
enforceability of said codes. City Manager recommends approval.
/B. ORDINANCE NO. 67-92: An ordinance amending the Land
Development Regulations by repealing and enacting a new
Subsection 4.6.7(C)(5), "Banners and Wind Signs" to provide for
the prohibition of banner signs and signs consisting of flags,
pennants, ribbons, spinners, streamers, or balloons; and,
enacting a new Subsection 4.6.7.(E)(8), "Flags" to provide for
limiting the number and maximum size of flags on anyone parcel
of land, prohibiting the placement of flags within the
right-of-way and to provide for the placement of flags during
specific national holidays.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
lA. ORDINANCE NO. 1-93: An ordinance rezoning a portion of
Abbey Delray South from RL (Low Density Residential) zone
district to CF (Community Facilities) zone district. Planning
and Zoning Board recommends approval. If passed public hearing
January 26th.
B. ORDINANCE NO. 3-93: An ordinance amending the 5 Year
Schedule of Capital Improvements as contained in the
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Comprehensive Plan to accommodate a drainage capital improvement
to replace collapsing storm sewers in Spanish Trail adjacent to
Tropic Harbor. If passed public hearing January 26th.
C. ORDINANCE NO. 4-93: An ordinance amending Subsection
6.1.10(B)(5), "Prohibition on Use of City Water for Irrigation"
to provide for a prohibition on the installation of new private
irrigation wells or reconditioning of existing private irrigation
wells to a greater depth within Wellfield Protection Zones 1 and
2 of the 20-Series Wellfield. City Manager recommends approval.
If passed public hearing January 26th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D. Municipal and County Issues
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JANUARY 12. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
Q. AUTHORIZATION TO TRANSFER FUNDING/AERO-DRI SETTLEMENT:
Approve the transfer of funding in the amount of $250,000 from
Water and Sewer Prior Year Surplus (Account No.
441-0000-301.41.00) to Water and Sewer - Legal Fees (Account No.
441-5111-536-31.00) to pay legal fees associated with the
Aero-Dri litigation.
R. ADDITIONAL ITEMS RE. TENNIS CENTER/STADIUM: Waive the
provisions of the City's Competitive Bid Requirements and
authorize the purchase of partitions, air conditioners, a public
address system and rental of other necessary appurtenances, by
negotiation using competitive quotes, where available, in
conjunction with the Tennis Center/Stadium project.
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CITY DF DELAAY BEAEH
100 N,N. 1st AVENUE DElRAY 8EACH FLORIDA 33444 J,J:' :.1: q ~:
PROCLAMA TION
WHEREAS, January 15, 1929, is the birthday of Dr.
Martin Luther King, Jr.: and,
WHEREAS, January 18, 1993, will be observed as Martin
Luther King, Jr. Day in honor of the memory and ideals of Dr.
King: and,
WHEREAS, Martin Luther King, Jr. labored tirelessly to
obtain equality of opportunity for all Americans: and,
WHEREAS, Martin Luther King, Jr. was instrumental in
the advancement of equality for all Americans, and,
WHEREAS, January 18th should serve as a reminder to
each of us of the sacrifices made by some Americans in order to
secure the rights of all Americans.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim January 18, 1993, as
"MARTIN LUTHER KING, JR. DAY.
in the City of Delray Beach, and ur'1e all citizens to reflect
upon the efforts and sacrifice made by Dr. King on behalf of all
Americans.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 12th day of January, 1993.
MAYOR
~ THOMAS E. LYNCH
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[ITY DF DELIAY BEAEH
100 \1'/11. 1st AVENUE DELRA Y BEACH, FLDRIDA JJ444 ..l07 :JJ':.~:
PROCLAJ1A TION
WHEREAS, the Institute of Financial Education, Palm
Beach County Chapter 148, honors all tellers of financial
institutions~ and,
WHEREAS, the tellers of financial institutions have a
high degree of responsibility~ and,
WHEREAS, tellers are required to maintain a pleasant
and friendly attitude every single day~ and,
WHEREAS, tellers not only transact negotiable
instruments, but develop personal and business relationships with
their customers~ and,
WHEREAS, tellers are required to explain complicated
policies and regulations, determine customers' needs, as well as
detect and prevent fraud~ and,
WHEREAS, tellers are the front line goodwill
ambassadors for the financial institutions.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim January 25 through January 29, 1993, as
"TELLER APPRECIATION WEEK-
in the City of Delray Beach, and urge all citizens, businesses
and organizations within the municipality to join together in
recognizing and showing appreciation for the service provided by
tellers of financial institutions.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 12th day of January, 1993.
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MAYOR
THOMAS E. LYNCH
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100 N.W. 1st AVENUE DELRAY BEAU, "'_J'1IDA 33444
PROCLAMA TION
WHEREAS. George P. Oslin. a resident of the City of Delray Beach for
the past 24 years. has just completed "The Telecommunications Story", a 500 page
book chronicling the industry's rise from ancient times to the present; and,
WHEREAS. Mr. Oslin started his career as a newspaper reporter in
~ Georgia and New Jersey; and.
WHEREAS. in 1929, the senior vice president of Western Union,
impressed with Mr. Oslin's stories, invited him to become the company's first
public relations director, a position he held for 35 years; and,
WHEREAS, George P. Oslin, during his years with Western Union, had the
chance to interview inventor Thomas Edison and worked alongside inventors of
television, the picture telephone and the first facsimile machine, coining the
term "FAX"; and,
WHEREAS, during the depression years when the Western Union telegram
business declined, Mr. Oslin came up with the idea of the singing telegram; and,
WHEREAS, after retiring in 1964, Mr. Oslin fulfilled a long time
passion by devoting much of his retirement years to writing a definitive history I
of telecommunications, from the ancient Indian use of smoke signals, the
invention of the telegraph, the ~ying of the first trans-Atlantic cable, to the
advent of satellite technology and beyond; and,
WHEREAS, his publisher, Mercer University Press, believes this book to
be a publication event of enormous significance,
NOW, THEREFORE,. I, THOMAS E. LYNCH, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission with great pride do hereby recognize
and commend GEORGE P. OSLIN for his remarkable contribution at the age of 93
years young.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the I
Official Seal of the City o~ Delray Beach, Florida, to be affixed this 12th day
of January, 1993.
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George P. Oslin
838 Lake Shore Drive
Delray Beach, Florida 33444
January 7, 1993
City Clerk
Delray Beach, FL 33444
Dear City Clerk
I received a surprising telephone call from
City Hall saying the City Commission wished to honor
me at 6 PM Tuesday, January 12. I promised to be there.
Perhaps a citation or resolution of some kind
is being written. It must relate to my new book,
"The Story of Telecommunications," written at my home
in Delray Beach. It might aid the person preparing it
to know:
,...---,
( "The book is a public service because it
provides information to help everyone living in our
* complex telecommunications world to be more efficient
\ and successful in their lives. Our way of life would
\ not be possible without telecommunications."
This is not a request to use my language,
but to give you some idea what the book is about.
Sincerely,
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P.S. The book is available at Hand's.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER 8/V'1 .
FROM:
SUBJECT: AGENDA ITEM i Sl'A - MEETING OF JANUARY 12. 1993
RESOLUTION NO. 5-93
DATE: January 8, 1993
This is a resolution vacating and abandoning a portion of the 16 foot
alley right-of-way located on the west 16 feet of Block 73, Town of
Linton, adjacent to the Publix Shopping Center in Pineapple Grove.
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In June, 1965, the Commission abandoned the 16 foot alley that
traversed the center of Block 73. As a result of that abandonment,
the western 16 feet of Block 73 was dedicated as a replacement alley.
In September, 1992, the Site Plan Review and Appearance Board approved
the minor site plan modification for the parking lot at Publix. The
plan included changes to the loading area at the rear of the building.
Subsequently, it was noted that loading area is located within the
existing alley.
As, utilities have not been placed in the alley and it ha s not been
used for public access, abandonment action is appropriate.
Recommend approval of Resolution No. 5-93.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
FROM:
II
SUBJECT: MEETING OF JANUARY 12, 1993
ABANDONMENT OF ALLEY RIGHT-OF-WAY **CONSENT AGENDA**
BLOCK 73 - PUBLIX SHOPPING CENTER
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a 563' x 16' section of
alley right-of-way.
The subject alley is located adjacent to and directly east
of Northeast 1st Avenue between Northeast 3rd Street and
Northeast 4th Street.
BACKGROUND:
In June, 1965, through Resolution 20-65, the City Council of
Delray Beach abandoned the 16' alley that transversed the center
of Block 73, Town of Delray. As a result of that abandonment,
the western 16' of Block 73 was dedicated as a replacement alley
by quit-claim deed. Utilities have not been placed in the alley
and it has not been used for public access.
On September 16, 1992 the Site Plan Review and Appearance Board
approved the minor site plan modification for the parking lot at
the downtown Publix center. The plan includes changes to the
loading area at the rear of the Publix building. During the
review it was noted that the loading area is located within the
existing alleyway. As the alleyway serves no public purpose,
this abandonment action is appropriate.
For further background and analysis, please refer to the
attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
r- The Planning and Zoning Board formally reviewed this item at its
meeting of December 14, 1992 and recommended approval of this
abandonment.
.
City Commission Documentation
Block 73 Alley Abandonment
Page 2
The Board also recommended the waiver of Code Section
2.4.6(O)(3)(e), which requires a replat of the property, in
order to consummate the abandonment.
RECOMMENDED ACTION:
By Resolution:
* Approve the abandonment of the 16' alley adjacent to
lots 3-12 within Block 73, Town of Delray.
By motion:
* Grant a waiver to Code Section 2.4.6(0)(3)(e),
which requires a replat of the property.
Attachment:
* P&Z Staff Report
T:BLK73CC.DOC
4
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PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT --- . .
MEETING DATE: December 14. 1992
AGENDA ITEM: IV.B. . .
ITEM: Abandonment of Alleyway Lying Within Block 73
(Pineapple Grove - Publix Shopping Center)
--- lff ~
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GENERAL DATA: ~. -
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ILL 51M --
- r-
i--- I--
owner....................City of Delray I--
-
Beach, Florida - f--
-
".L 6 411t '--
Applicant................David J. Bey ton, -
J poooo-
President i--
A. M. Davis , r--
Mercantile Company -
~ ~ & -
.7' ""nt................... . Kenneth R. Carlson, I
President -
-
Kenneth R. Carlson- - -
Architect, P.A. -
- -
Location.................A11ey, east of HE 1st - -
Avenue between HE Jrd - -
Street and NE 4th Street. - = ! -
-
- -
Property Size............O.0527 acres - -
M.I. HI
- -
City Land Use Plan.......Commercial Core - I
. -
city zoning..............CBD (Central Business -
-
District) -
- ;I "l -
1It -
Existing Land Use..;.....Alley Right-of-way. -
- -
-
Development proposal.....Abandonment of portion -
f--
of alley to accommodate - ~E
-
relocation of service - -
exits and entrances for - -
Post Office Square Shopping -
-
Center. - -
ILL
- 2ND -
Request..................Ab~ndonment of 16 foot by - -
563.74 foot alley Right-of-
way adjacent to NE 1st Avenue - -
Right-of-way, in Block 73. -
-
- -
IV.B.
1
I T E M B E FOR E THE BOA R D :
The item before the Board is the review and recommendation of
the abandonment a portion of the 16' alley right-of-way within
Block 73, Town of Delray.
The subject alley is located west of and adjaceut to Lots 3-12
Block 73, Town of Delray between Northeast 3rd and 4th Streets.
B A C K G R 0 UNO :
On June 12, 1961, through Resolution 1332, the City Council of
Delray Beach abandoned the 16' alley that transverses the center
of Block 73, Town of Delray. Also involved with this
abandonment was the relocation of existing utilities and the
dedication of the west 16' of Lots 1-12, Block 73 Town of Delray
as a replacement alley. The action in 1961 was consummated.
In June, 1965, through Resolution 20-65, the above action was
again enacted. With this secQnd alley abandonment, the
southernmost 40' of the former alley within Block 73 became a
Florida Power and Light easement and the western 16 ' of Lots
1-12 were dedicated as a replacement alley by quit-claim deed.
'..
PRO J E C T DES C RIP T ION :
The subject alley is approximately 563.74' x 16' and is located
adjacent to lots 3-12 Block 73 Town of Delray just east of the
N.E. 1st Avenue right-of-way. The alley is immediately adjacent
to, and runs parallel to the street. To the east of the alley
is the downtown Publix Center, to the north is the downtown Post
Office, to the west are single family homes and duplexes, and to
the south is the Northeast 3rd Street right-of-way.
ABANDONMENT A N A L Y S IS:
Alleys are typically used as a secondary means of access which
may also contain needed utility facilities. No utilities have
been placed in this alley; it has not been used as a means of
access; and, it is currently being used as a part of the Publix
development. Based upon these factors, there really is no need
for this alley to remain as a right-of-way.
Pursuant to Code Section 2.4.6(0)(3)(e), abandonments of
rights-of-way a~e to be consummated by a replat of the receiving
property. However, as the alley area has been in use as a part
of the overall Publix development for years and there are no
utility facilities that would need replacement easements, this
requirement should be waived.
.
P & Z Board Staff Report
Block 13 Alley Abandonment
page 2
R E QUI RED FIN DIN G S :
Before any right-of-way abandonment can be approved the
following findings must be made:
A) That there is not, nor will there be, a need for the use of
the right-of-way for any public purpose.
As this alley has been a part of the overall Publix
development for several years, there has not and will not be
a public need for the use of this right-of-way.
B) That the abandonment does not, nor will not, prevent access
to a lot of record.
The abandonment will not prevent access to any lot since the
abandonment area lies adjacent to the 1st Avenue
right-of-way.
C) That the abandonment will not result in detriment for the
provision of access and/or of utility services to adjacent
properties or the general area.
As there are no facilities located within this alley and no
access taken from this alley, no detriment for the
provisions of utility services and access will occur.
ASS E S MEN T :
The Publix center recently received site plan approval to rework
their truck access within the area that borders Northeast 1st
Avenue. The abandonment of this alley is really a formality
involved with this process.
As previously stated, the subject alley has not been used for
access purposes and · there are no utility facilities located
within the alley. These factors, as they are the most paramount
in the right-of-way abandonment process, make this alley
abandonment a relatively simple one.
R E COM MEN D A T ION :
By separate motions,
* Transmit a recommendation of approval for the abandonment
of the 16' alley adjacent to lots 3-12 within Block 13,
Town of Del-ray.
* Forward a recommendation to waive Code Section
2.4.6(0)(3)(e), which requires a replat of the property.
Attachments
* Location Map & Reduced Survey
T:BLK73PZ.DOC
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RESOLUTION NO. 5-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION
OF THE 16 FOOT ALLEY RIGHT-OF-WAY LOCATED ON THE WEST 16
FEET OF BLOCK 73, TOWN OF LINTON (NOW DELRAY BEACH ),
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12,
PAGE 62, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, is the owner of a
16 foot alley right-of-way lying east of and adjacent to N.E. 1st Avenue
right-of-way, on the west 16 feet of Block 73, Town of Linton (now
Delray Beach), according to the Plat thereof recorded in Plat Book 12,
Page 62, of the Public Records of Palm Beach County, Florida; and,
WHEREAS, Kenneth R. Carlson, Architect, P.A. , duly authorized
Agent for A.M. Davis Mercantile Company, has made application for
abandonment of a portion of the 16 foot alley right-of-way lying east of
and adjacent to N.E. 1st Avenue right-of-way, on the west 16 feet of
Block 73, Town of Linton (now Delray Beach); and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the beat interests of
the City of Delray Beach to vacate and abandon said portion of the alley
right-of-way.
NOW, THEREFORE, B~ IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORI A, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.102(5) and Chapter 166
of the Florida.Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
The West sixteen (16) feet of BLOCK 73, TOWN OF LINTON
(now Delray Beach) , according to the Plat thereof
recorded in Plat Book 12, Page 62, Public Records of
Palm Beach County, Florida (as the same was conveyed to
the City of Delray Beach for public alley purposes by
recorded deed in Official Record Book 1227, Page 486,
Public Records of Palm Beach County, Florida) , LESS AND
EXCEPTING the North 143.50 feet thereof.
C.ntaining 0.0527 acres, more or less.
PASSED AND ADOPTED in regular session on this the 12th day of
January, 1993.
MAY 0 R
ATTEST:
Ci ty Clerk
.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM i YI3 - MEETING OF JANUARY 12. 1993
FINAL PLAT APPROVAL/CASON MEMORIAL METHODIST CHURCH
DATE: January 8, 1993
This item is before you to approve the final plat for Cason Memorial
Methodist Church located at the southwest corner of North Swinton
Avenue and N.W. 4th Street. Replatting of this property was a
condition of site, landscape and elevation plan approvals for a major
modification to Cason Methodist Church. The replat incorporates the
extension of a water main and the dedication of additional
right-of-way along N. Swinton Avenue and N.W. 4th Street.
The plat has been properly prepared and is ready for Commission
action.
Recommend approval of the final plat for Cason Memorial Methodist
Church.
.,
City Commission Documentation
Cason Methodist Church Final Plat
Page 2
RECOMMENDED ACTION:
By motion, approve the final plat for Cason Methodist Church.
Attachment:
* Location Map & Reduced Plat
T:CASON.DOC
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V/. - W/II /t IV LJ /l )JO/fT/ON 0;= LOT /' AIVLJ LOTS 2 - 0) I~ ,~: /. -,
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PREPARED BY: BURLISON A. GENTRY 0' 25'50' Mt}" 2tN'
GENTRY ENGINEERING AND c;;'1?1f;:'/lIC SCALE
LAND SURVEYING, INC.
P.O. BOX 243
DELRAY BEACH, FLORIDA SCAlE: /"= 100'
IVtI'A'r# LIIVE tJr SECT/C#, /7, rcA/#J"'#/r' -f-tb $., 33 00' 5'~".CS-'2~.W
A',(,f"CE 4'3 E., /'4Lh ,sEACW C'tJV#TY, /'ZM'/M '. · · '2" 1
StD. 2 b , S 46 1.3 I E
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,PAR-tEL Ie (tUe. 71-/1. ,P,{'ES 7Sj-7~/) ~p,(I?CEt If (tUB. 71ft fl4(;f.f 718-720) F5.DD ~
~ LOT 28 752 33' ~ - - N 89.05 '29" E l TRACT tit'''
4.. \.3 . ~~ ,oAtf't'EL 13 (a,f.8. 74-1/,I'AbE5 7J'-7J8) 12't/rlUTY c,4ScM~Nr
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c, ~ 185: S~:l~ ~ 27. 78; 11/.32'/,";'/ 25.00') N,'.32't9/1J./ 'I
LOT Z3 58,"()S'29" ';/ . -.35,57; N4,'IP'46"W h..
Sg'./t)'29"/'/ 307.20' T/?ACT "13" ""
I" IILL C Y /?/W ~ ~\ 25' AccESS ,fOAl) /?/W $,n"/O'.],"!-I 2'n.2/' ~
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50' ,1/ t..( /6 ',(LIEY ,f/II ~ I /~ ',.filet ,fl/l t'.11.{
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~.IENTS : ACKNOWLEDGEMENT:
THE UTILITY EASEMENT AS SHOWN HEREON IS HEREBY DEDICATED STATE OF FLORIDA )
TO ANY PUBLIC OR PRIVATE UTILITY COMPANY FOR THE COUNTY OF PALM BEACH ) S.S.
INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES.
3 OUR HAND AND SEAL THIS DAY OF 1992, A.D. JAMES C. RAWLS,PRESIDENT AND ALFRED G. RUS:
CASON MEMORIAL METHODIST CHURCH, INC. COMMITTEE OF THE CASON MEMORIAL METHODIST (
A FLORIDA CORPORATION TAKE ACKNOWLEDGEMENTS AND THEY ACKNOWLEDGE:
FOREGOING DEDICATION FOR THE PURPOSES THER:
3 TO JAMES C. RAWLS JAMES C. RAWLS, PRESIDENT
IN WITNESS WEREOF, I HAVE HEREUNTO SET MY j
) TO ALFRED G. RUSSILLO,JR. ALFRED G. RUSSILLO, JR., THIS DAY OF
CHAIRMAN OF BUILDING COMMITTEE
; TO JAMES C. RAWLS
NOTARY j
TO ALFRED G. RUSSILLO, JR. STATE 0:
SURVEYOR'S NOTES:
1. '~R,M",.~ TNnT",,,,,,.e ~P"\I"''''U'''' ...._.....u..-..r. ,._"
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[J)41
SUBJECT: AGENDA ITEM i '?C- - MEETING OF JANUARY 12. 1993
REOUEST FOR WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS
DATE: January 8 I 1993
We have received a request for waiver of the perimeter landscape
requirements from Computer Parts which is located on the east side of
S.E. 1st Avenue I south of Atlantic Avenue.
The subject property was originally platted as Lots 10 and 111 Block
771 Town of Linton. A single family home was built on Lot 10 in 19201
but was demolished in 1970. In 19841 the Building Department approved
a request to build a 2/997 square foot office building on Lot 10. At
that time Planning and Zoning Department action was not required for
buildings under 5/000 square feet. A single family home currently
exists on Lot 11.
The development proposal includes the demolition of the single family
dwelling on Lot 11 in order to accommodated a 2/997 square foot
addition to the existing office building. The modification also
includes the expansion of the parking lot to the south to accommodate
12 parking spaces and moving the unscreened dumpster from the rear
parking area to a landscape area and providing screening. The
building is to have a zero setback along the south property line which
abuts a residential dwelling unit. That unit is a non-conforming use
and is currently unoccupied.
Section 4.6.16(H) (3) (e) of the LDRs requires that a tree linel with
trees planted every 25 feet on centerl be installed between
commercially zoned and residential properties. There is however I no
boundary separation required in the Central Business District.
The Site Plan Review and Appearance Board at their December 16th
meeting recommended approval of the waiver.
Recommend approval of the request for waiver of Section
4.6.16(H) (3) (e), to permit the elimination of the boundary landscape
buffer along the south property line for Computer Parts.
.
.
/
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D~VID T. HARDEN, CITY MANAGER
THRU: ~~~~CTOR
DEPARTMENT OF PLANNING AND ZO~G
~~.
FROM: JANET MEEKS, PLANNER II
SUBJECT: MEETING OF JANUARY 12, 1993
CONSIDERATION OF A WAIVER OF PERIMETER LANDSCAPE
REQUIREMENT rSECTION 4.6.16(H)(3)(e)] FOR COMPUTER
PARTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qrantinq a specific w~iver in conjunction with a development
request involving site plan approval.
The project is the expansion of an office associated with
Computer Parts. The property is located south of Atlantic
Avenue, on the east side of S.E. 1st Avenue.
BACKGROUND:
The subject property is a computer parts office located within
the CBD (Central Business District), and involves Lots 10 and 11
of Block 77, Town of Linton. In 1984, the Building Department
approved a request to build a 2,997 sq. ft. office building on
Lot 10. A single family home currently exists on Lot 11. The
development proposal includes the demolition of the single family
home to provide a 2,997 sq. ft. addition to the existing office
building, for a total of 5,994 sq. ft. On December 16, 1992, the
Site Plan Review and Appearance Board approved the site plan for
Computer Parts. Associated with that site plan is a request for
a waiver for perimeter landscaping. This waiver requires action
by the City Commission and is further described below.
Landscape Waiver:
There is no district boundary separation required in the CBD,
however, the landscape code requires that a tree line (with trees
planted every 25' on center) be installed between commercially
zoned property and property which is in residential use [Ref:
Section 4.6.16(H)(3)(e)].
.
City Commission Documentation
Landscape Waiver for Computer Parts
Page 2
The applicant is requesting a waiver of this requirement, as
the building is to have a zero setback along the south property
line. That property line abuts a residential dwelling on the lot
to the south. The house is a non-conforming use and is currently
unoccupied. It has a potential for future conversion to an
office or commercial use under the CBD zoning. If the house was
converted~ this code requirement would not apply. Thus, the
applicant is requesting a waiver.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
The Site Plan Review and Appearance Board formally reviewed this
item at its meeting of December 16, 1992. The Board noted the
existence of heavy landscape buffering on the adjacent property
and voted 6-0 to recommend that a waiver to LDR Section
4.6.16(H) (3) (e) be granted, to eliminate the required landscape
buffer along the south property line.
RECOMMENDED ACTION:
By motion, grant the waiver request from LDR Section
4.6.16(H)(3)(e) to eliminate the required landscape buffer along
the south property line.
Attachment:
* SPRAB Staff Report
JM/Y:COMPUTER.DOC
.
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: December 16, 1992
AGENDA ITEM: V.B.
ITEM: Computer Parts - Site Plan, Elevations & Landscaping Associated
with an Addition to a Computer Parts Office
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GENERAL DATA:
Owner........................ .Helen and Joseph Roselli
Applicant.....................Ralph Roselli
Location......................West side of SE 1st Avenue, south
of E. Atlantic Avenue.
Property Size.................0.39 Acres
City Land Use P1an............Commercial Core
City Zoning...................CBD (Central Business District)
Adjacent Zoning........North: CBD
East: CBD
South: CBD
West: OSSHAD (Old School Square
Historic Arts District)
Existing Land Use.............2,997 Square Foot retail structure
and a vacant single family
residence.
Proposed Land Use.............Demolish existing residence and
establish a 2,997 square foot
expansion of the existing retail
use.
Water Service.................Existing on site.
Sewer Service.................Existing on site. V.B.
.
1 T E M B E FOR E THE BOARD .
.
The item before the Board is that of consideration of the
following aspects of the site plan as they pertain to Computer
Parts:
* a major site plan modification;
* landscaping; and
* architectural elevations
The subject property is located south of Atlantic Avenue, on the
east side of S.E. 1st Avenue.
B A C K G R 0 U N D :
The subject property was originally platted in 1896 as Lots
10 and 11 Block 77, Town of Linton. A single family home was
built on Lot 10 in 1920, but was demolished in 1970. In 1984, the
Building Department approved a request to build a 2,997 sq. ft.
office building on Lot 10, along with 12 parking spaces and
associated landscaping (at that time, buildings with a square
footage less than 5,000 sq. ft. did not require site plan approval
through the Planning and Zoning Department) . A single family
dwelling was built on Lot 11 in 1925. The applicant wishes to
demolish the house and comb~.ne the lots in order to expand the
existing office building.
D EVE LOP MEN T PRO P 0 S A L :
The development proposal includes the demolition of the single
family dwelling on Lot 11 in order to provide a 2,997 sq. ft.
addition to the existing building. Currently on Lot 10, a 2,997
sq. ft. of.fice building exists with 6 parking spaces located in
the front of the structure. The modification includes the
expansion of this parking lot to the south, in order to
accommodate 12 parking spaces. There are 6 existing parking
spaces to the rear of the building, which are to remain. An
unscreened dumpster is situated in one of those spaces. The
dumpster is to be moved to the south in a landscaped area, and
screening is to be provided. A 16' unimproved alley runs
north/south behind the development project, which is to be paved
next year as part of the CBD alley improvement program.
SIT E P LAN A N A L Y S 1 S .
.
Pursuant to Section 3.1.1 of the Land Development Regulations,
prior to approval of development applications, certain findings
must be made in a form which is part of the official record.
This may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings
relate to the Future Land Use Map Compatibility; Concurrency;
Comprehensive Plan Consistency; and, Compliance with Local
Development Regulations ( LDR ' S) .
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SIT E P LAN A N A L Y S IS:
Pursuant to Section 3.1.1 of the Land Development Regulations,
prior to approval of development applications, certain findings
must be made in a form which is part of the official record.
This may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings
relate to the following our areas:
Future Land Use Map: The use structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The current zoning for the subject property is GC (General
Commercial), which is consistent with the land use designation of
Commercial Core. Office uses are a Permitted Use in the GC zone
district.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service as established within
the Comprehensive Plan.
Water:
Water will be provided via an existing service lateral connection
to a 2" water main, which is located along the east side of S.E.
1st Avenue.
Sewer:
Sewer is provided to the existing building via an 8" main located
along the alley. The building addition will be serviced by a new
4" service lateral extention from the existing 8" main. Through
the technical review of this project, it was identified that a 6"
service lateral will be required to meet City standards.
Drainage:
On site retention will be accommodated through an exfiltration
trench system and dry retention. The exfiltration trench is
located in the parking lot in front of the building, and
discharges into a dry retention area to the south of the parking
lot.
Streets and Traffic:
A traffic statement has been provided. That statement indicates
the project is vested for 99 trips for the existing use, and the
addi tion will generate a 170 new trips, thus the project will
generate a total of 71 trips per day. The City's Traffic Engineer
has determined that the project meets the Level of Service
Standards as it relates to Traffic Concurrency.
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Parks:
Park dedication requirements do not apply for nonresidential
uses. Thus, the proposed development will not have an impact
with respect to this level of service standard.
Solid Waste:
The impact of solid waste from this development is fairly minimal,
and has little effect on the City's ability to provide a level of
service as it pertains to solid waste. Since this use involves
the receiving and shipping of computer parts, it may be
appropriate that a recycling area be provided for corrugated
boxes. The Board may wish to discuss this item with the
applicant at the meeting.
Consistency:
Pursuant to Section" 3.3. 1 (Basis for Determining Consistency) ,
the performance standards set forth in Section 3.3.3 (Standards
for Site Plan Actions) along with compliance to Section
2.4.5(F) (5) (General Compatibility and Harmony with Adjacent
Properties) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.3 and other policies which apply are as
follows:
Standards for Site Plan Action:
A) Building design, landscaping, and lighting (glare) shall be
such that they do not create unwarranted distractions or
blockage of visibility as it pertains to traffic
circulation. (Traffic Element C-l.2)
The building is to be continued along the same lines as the
existing structure, and will not create a visual obstruction
to traffic.
B) Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians in a manner consistent with
objective 0-1 of the Traffic Element.
Appropriate separation of travelways for vehicles and
pedestrians is accommodated through an existing sidewalk
along S.E. 1st Avenue.
F) Vacant property shall be developed in a manner so that the
future use and intensity are appropriate in terms of soil,
topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining
land use needs. (LU A-l)
.
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Neither lot is vacant, however, the single family residence
to the south is to be demolished. There are no concerns
regarding soil conditions or topography. The project is
compatible with the commercial use (a parking lot) to the
north. There is some concern regarding the compatibility
with the residential property to south. This item is
discussed further under Section 2.4.5(F)(5) below, of this
report.
Comprehensive Plan Policies: A review of objectives and policies
of the adopted Comprehensive Plan, specifically within the Land
Use Element, produced the following relevant items:
Objective C-4:
The Central Business District (CBD) represents the essence
of what is Delray Beach i.e. a "village like, community by
the sea". The continued revitalization of the CBD is
essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart In South Florida".
Policy C-4.1 The Central Business District (CaD) Zoning
District regulations shall facilitate and encourage
rohabilitation and revitalization and shall at a minimum,
address the following:
. accommodating parking needs through innovative actions
The proposal described herein will help to continue the
revitilization of the CBD. A non-conforming single family home
will be demolished for the expansion of a permitted use. The
applicant is requesting that the first 2 required parking spaces
be waived based on the approval of waiver provisions contained in
the Master Parking Program.
Section 2.4.5(F)(5) Site Plan Findings:
Pursuant to Section 2.4.5(F)(5)(Findings), in addition to
provisions of Chapter Three, the approving body must make a
finding that development of the property pursuant to the site
plan will be compatible and harmonious with the adjacent and
nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values.
The proposal is compatible with the parking lot to the north, the
commercial uses to the east, and the mixed uses allowed in the
OS SHAD (Old School Square Historic Arts District) zoning
district to the west. To the south an incompatibility may exist.
The proposal includes a zero side setback along the south
property line which is allowed by code in the CBD. However,
there is a vacant single family home to the south of the subject
property. The single family is also located within the CBO zone
district and is non-conforming use. The proposal does not
include any buffering between the commercial use and the
residential use.
.
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There is no district boundary separation required in the CBD,
however, the landscape code requires that a tree line (25' on
center) be installed between commercially zoned property and
property which is in residential use [Ref: Section
4.6.16(H)(3)(e)]. The applicant is requesting a waiver of this
requirement. The house is currently unoccupied. It has a
potential for future conversion to an office or commerical use
under the CBD zoning. If the house was converted this code
requirement would not apply. Thus, the applicant is requesting a
waiver.
There are several large trees located in the rear yard of the
house,which will screen the building somewhat. There is a
question as to whether or not the applican shoul be required to
reduce the size of his building in order to provide an additional
landscape buffer, given the fact that the house is a
non-conforming uses.
The Board may wish to entertain an aesthetic solution other than
landscaping to make a finding of compatibility. One solution
would be to provide a more pleasing architectural elevation on
the south side, such as reveals or raised stucco. Another
solution would be to provide a small side yard setback to
accommodate vines, instead of trees, to break-up the blank wall.
The Board will need to determine the most appropriate buffer for
this situation. If the Board feels that it is not appropriate to
provide a buffer, then the Board will need to recommend to the
City Commission approval of the waiver request.
Compliance with Land Development Regulations:
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a
land development application/request.
Parking: Pursuant to Section 4.4.l3(G) the parking required for
the creation of new floor area shall be at the rate of 1 space
per 300 sq. ft. of floor area.
The existing buildng contains 2,997 sq. ft. and has 12 parking
spaces on site. The proposal includes 2,997 sq. ft. of new use
area. The total parking requirement for the expanded building is
20 spaces. With the modifications, 18 parking spaces are to be
provided. The applicant is requesting a waiver of the first 2
required spaces based on recommendations made in the 1992 Master
Parking Plan for the CBD (Central Business District) . The
recommendations include an amendment to the LDRs which would
waive the first 2 required spaces for renovation/modification
projects. The applicant has provided an Affidavit which states
that if the LDR amendment is not approved within 2 years, he will
pay the in-lieu parking fee of $2,500.00 per space.
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Setbacks: The proposal meets all the setback requirements within
the CBD.
Screens and Buffers: The only special buffering which may be
required was discussed under the Compatibility Section of this
report.
Buildinq Heiqht: The maximum building height in the CBD zoning
district is 48' . The existing building is approximately 13' in
height. Thus, this code requirement has been met.
OTHER:
Since the applicant has just acquired the lot to the south a
Unity of Title will be necessary to combine the lots. This item
will need to be addressed prior to building permit submittal.
TEe H N I C A L I T EMS .
.
The revised site plan has accommodated staff's technical
concerns. The following items are provided to the applicant as a
courtesy and will need to be addressed with the final engineering
plans:
1. Sanitary sewer lateral to be a minimum of 6", and must have
a 6" cleanout installed at the property line.
2. Connect dumpster pad floor drain to sanitary sewer system
though an in-line grit chamber.
3. Provide calculations in justification of the proposed
drainage system's capacity to meet water quality
requirements.
LAN D SeA P E A N A L Y S I S .
.
The revised landscape plan did not address all the technical
items, which were of some concern. Those technical items
included the landscape calculations, which are critical to
determine whether or not the plan meets code compliance. The
City Horticulturist is working with the applicant to address
these items, and that information will be forwarded to the Board
at the meeting.
ARC HIT E C T U R A L E LEV A T ION S .
.
The addition is to be an extension of the architectural style of
the existing building, which appears to be a long rectangle with
a flat roof. The existing building is a "pinkish-beige" with a
green awning. The addition is to match the colors on the
existing building.
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Review by Others:
At its meeting of December 3rd the CRA (Community Redevelopment
Agency) recommended approval of the project. At the December 7th
meeting of the DDA (Downtown Development Authority) the Board
reviewed the plans and had no objection to the proposal
ASS E SSM E NT:
The development proposal is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. The major modification involves the expansion of an
office use in the CBD. In order to expand, the lot to the south
has been acquired by the applicant, which will necessitate a
Unity of Title. A Compatibility finding with the lot to the
south must be made. This may be achieved through several
solutions outlined within this report. If the Board determines
that a tree buffer is not necessary, then recommendation of a
waiver of that requiremet should be forwarded to the City
Commission.
A L T ERN A T I V E ACT ION S :
1. Continue with direction.
2. Approve the site plan, elevations and landscape plan subject
to conditions.
3. Deny approval of the site plan and development plans with
reasons stated.
R E COM MEN D E D ACT ION :
By Separate Motions:
Waiver:
1. Recommend to the City Commission approval of the waiver
request from Section 4.6.16(H) (3) (e) to provide the
landscape buffer along the south property line.
2. Approve the site plan based upon positive findings pursuant
to Section 3.1.1 (Required Findings and Section 3.3.3
(Standards for Site Plan Actions) subject to the following
conditions:
a. That a unity of ti tIe be submitted prior to building
permit submittal.
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b. Execution of the agreement to pay the in-lieu parking
fee of $2,500 per space for two of the required parking
spaces in the event that the proposed LDR amendment as
described in this report is not adapted with in 2 years
of the date of this approval.
c. The Board's disposition on the provision to provide a
recycling area.
3. Approve the landscape plan based upon positive findings
pursuant to Section 4.6.16 if sufficient information is
provided at the Board meeting, or table the item until a
revised landscape plan is received addressing all of staff
concerns.
4. Approve the architectural elevations based upon positive
findings pursuant to Section 4.6.18.
JM/COMPUTER.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!JIvf
SUBJECT: AGENDA ITEM # J(t> - MEETING OF JANUARY 12. 1993
REOUEST FOR WAIVER OF THE LANDSCAPE CODE/ELWOODS BAR-B-OUE
DATE: January 8, 1993
We have received a request for waiver of Sections 4,6.16(H)(3)(a) and
4.6,16(H)(3)(j) of the Landscape Code for Elwoods Bar-b-que Restaurant
located at the northeast corner of Atlantic Avenue and N.E. 3rd
Avenue.
Section 4.6.16(H)(3)(a) requires a perimeter landscape strip, of at
least five feet in depth between off-street parking and the adjacent
right-of-way and Section 4.6.16(H) (3) (j) requires that each row of
parking spaces shall be terminated with a landscape island.
The waivers are being requested as a result of the parking
configuration installed as a part of the CBD Alley Improvement
program. Three parking spaces were constructed at the rear of the
building which were designed to back out onto the alley adjacent to
the FEC right-of-way. These spaces are consistent with the
configuration of parking spaces in the area, however, precludes the
installation of the landscape strip along the perimeter of the
property.
Additionally, a sidewalk is being constructed from the rear parking
area to Atlantic Avenue in order to provide a continuous pedestrian
accessway. Given the configuration of parking and the sidewalk
improvements, the applicant1s ability to provide the required
perimeter landscaping and terminal landscape islands is restricted.
The Site Plan Review and Appearance Board at their December 16th
meeting recommended approval of the waivers. A detailed staff report
is attached as backup material for this item.
Recommend approval of the request for waiver of Sections
4.6.16(H)(3)(a) and 4.6.16(H)(3)(j) of the Landscape Code for Elwoods
Bar-b-que Restaurant.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ID T, HARDEN, CITY MANAGER
THRU: ~~
DEPARTMENT OF PLANNING AND ZONING
FROM: JANET MEEKS, PLANNER II~I~
SUBJECT: MEETING OF JANUARY 12, 1993
CONSIDERATION OF A WAVIER OF PERIMETER LANDSCAPE
REQUIREMENTS [SECTION 4,6.16(H)(3)(a)1 AND TERMINAL
LANDSCAPE ISLANDS [SECTION 4.6,16(H)(3)(i)] FOR ELWOODS
BAR-B-QUE RESTAURANT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting specific landscape waivers in conjunction with a
development request involving site plan approval,
The project is the establishment of Elwoods Bar-B-Que
restaurant at the former site of the Flamingo Gas Station,
The property is located at the northeast corner of Atlantic
Avenue and N,E, 3rd Avenue, and contains approximately O,l6
acre,
BACKGROUND:
The former gas station on this site was built in 1941 for the
Standard Oi I Company, The use has been vacant for many years,
Elwoods Bar-B-Que Restaurant is proposing to locate within the
1,144 sq, ft, structure, Modifications include the addition of
open and covered outdoor dining areas at the front of the
building, and a screened - in cooking area and dumpster to the
rear, Three (3) parking spaces at the rear of the building were
installed as part of the CBD alleyway improvement program,
On December 16, 1992, the Site Plan Review and Appearance Board
approved the site plan for the restaurant. Associated with that
site plan is a request for a waiver for perimeter landscaping and
a terminal landscape island, These waivers require action by the
City Commission and are further described below,
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City Commission Documentation
Landscape Waiver for Elwoods
Page 2
Landscape Waivers:
The applicant is requesting landscape waivers from the following
Sections:
* Section 4.6.16(H)(3)(a), states that a landscape strip of at
least 5' must be provided between the vehicular use area and
the adjacent right-of-way.
* Section 4.6.16(H)(3)(j), states that each row of parking
spaces shall be terminated with a landscape island.
The landscape waivers are being requested as a result of the
parking configuration which was installed as part of the CBD
alley improvement program. The spaces were designed to back out
onto the alley adjacent to the F,E,C, right-of-way, which is
consistent with the configuration of the public parking spaces in
this area, but precludes the installation of landscaping along
the perimeter of the property. To the front of Elwood's spaces, a
sidewalk is being installed to provide a continuous pedestrian
accessway from the public parking in the rear alley to the
sidewalk along Atlantic Avenue, The sidewalk runs immediately
adjacent to and in front of the parking spaces for Elwoods, where
normally there would be a hedge and landscaped areas, This
parking and sidewalk configuration provides the most consistency
with the recently installed alleyway improvements, however, it
restricts Elwood's ability to provide the required perimeter
landscaping and terminal landscape island,
REQUIRED FINDINGS
Pursuant to LDR Section 2.4,7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public
facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the granting of a special privelege
in that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
The parking and sidewalk configuration were designed in
conjunction with the public alleyway improvements, in order to
provide safe and convenient access to Atlantic Avenue for
downtown visitors and patrons of Elwood's restaurant, In this
manner it contributes to the enhancement of the neighboring area
and existing public facilities, and creates a safer pedestrian
route than what exists today, This is a unique situation which
requires some flexibility in the application of the codes in
,
.
City Commission Documentation
Landscape Waiver for Elwoods
Page 3
order to provide a better design, and does not constitute the
granting of a special privelege,
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
The Site Plan Review and Appearance Board formally reviewed this
item at its meeting of December 16, 1992, The Board Voted 6-0 to
recommend that a waiver to LDR Section 4.6,16(H) (3) (a) be
granted, to allow the omission of the 5' perimeter landscape
strip; and that a waiver to LDR Section 4,6.16(H)(3)(j) be
granted, in order to allow the omission of a terminal landscape
island,
RECOMMENDED ACTION:
By motion, take the following actions:
I) Grant the request to waive the requirement for a 5 '
perimeter landscape strip; and
2) Grant the request to waive a requirement for a terminal
landscape island,
Attachment:
* SPRAB Staff Report
JCM/CCWOODS,DOC
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SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
-
.EETING DATE: December 16, 1992
,GENOA ITEM: V.A.
- -
TEM: Elwoods Bar-B-Que Restaurant - Site Plan, Elevations & Landscaping
Associated with a Restaurant
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~ENERAL DATA:
OWner.."".."""".....""Michael Gochenour
Applicant."..."",."""."Elizabeth Debs
Location"..,..,......"".."Northeast corner of Railway Avenue
and E. Atlantic Avenue.
Property Size,.........,.."..O,16 Acres
City Land Use Plan,.......,.,.Commercial Core
City Zoning,.,..".....,..""CBD (Central Business District)
Adjacent Zoning"",...,North: CBD
East: caD
South: CF (Community Facilities)
West: CBD
Existing Land Use..."..,.".,Vacant commercial structure.
Proposed Land Use..,."....,.,Establish a 2,334 square foot
restaurant.
Water Service.................Existing on site. -
Sewer Service,.""."..,.""Existing on site, V.A. . -
.
I T E M B E FOR E THE BOA R D .
.
The item before the Board is that of consideration of the
following aspects of the site plan as they pertain to Elwood's
Bar-B-Que Restaurant
* a major site plan modification;
* landscaping; and
* architectural elevations
The subject property is located on the north side of Atlantic
Avenue east of N,E, 3rd Avenue, and contains 0.16 acre,
BACKGROUND:
The subject property was originally platted in 1896 as Lot 7,
Block 92, Town of Linton. The Flamingo Gasoline Station was
built on the subject site in 1941 for the Standard Oil Company.
Additional history of the subject bui lding can be found in the
attachment from Pat Cayce, the Historic Preservation Planner.
The gas station has been vacant for many years, The proposal
before the Board is to establish a restaurant in the vacant
building, which is a permitted use in the GC (General Commercial)
zone district.
D EVE LOP MEN T PRO P 0 S A L :
The development proposal includes the establishment of a
restaurant in the former Flamingo gas station, which is a
historic structure. The existing 1,144 sq,ft. buildi~g is to
remain, An 806 sq,ft, awning is to be extended from the building
to the front property line for a covered dining area, and
immediately to the west of the covered area, an additional 384
sq. ft. will be provided for an outdoor dining area,
The area to the rear of the building consists of 3 parking
spaces, a landscaped area, and asphal t . The parking spaces are
located at the northwest corner of the site, and were installed
as part of the CBD Alley Improvement Program. These spaces
back-out onto N.E, 3rd Avenue, A screened dumpster is to be
located south of the parking spaces with access from N,E. 3rd
Avenue. A screened room has been added to the rear of the
building for the purpose of enclosing the portable smoker, and
adjacent to that is a walk-in refrigerator, A 6' high security
fence with metal screening will be installed around this area.
.
.
SPRAB Staff Report
Major Site Plan Modification for Elwood's Bar-B-Que
Page 2
SIT E P LAN A N A L Y S IS:
Pursuant to Section 3.1.1 of the Land Development Regulations,
prior to approval of development applications, certain findings
must be made in a form which is part of the official record,
This may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings
relate to the following our areas:
Future Land Use Map: The use structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The zoning for the subject property is CBD (Central Business
District), which is consistent with the land use designation of
Commercial Core. Restaurants are allowed as a Permitted Use in
the CBD zoning district.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service as established within
the Comprehensive Plan.
Water:
Water will be provided via an existing service lateral connection
to an 8" water main, which is located along Railroad Street. The
service lateral connects to the northwest corner of the building
where the water meter is located.
Sewer:
Sewer service is provided via an 8" sewer line which is located
in the alley behind the subject property, The plans indicate an
existing service lateral extension from the 8" line to the site,
but do not indicate the extension from this point to the
building, This information must be shown on the site plan to
insure that no conflicts occur with respect to the proposed
landscaping and structures. Fire suppression will be
accommodated via an existing fire hydrant located at the
southwest corner of the site,
Drainaqe:
The drainage plans submitted to date do not provide sufficient
information to determine the sites ability to retain on-site
retention, This item can be addressed with the final engineering
plans. It is not anticipated that any problems will occur with
providing on-site retention, It is noted that a substantial
amount of curbing is provided to the rear of the building, which
may conflict with the flow of drainage. This area may need to be
modified once final engineering plans are available,
,
SPRAB Staff Report
Major Site Plan Modification for Elwood's Bar-B-Que
Page 3
Streets and Traffic:
A traffic statement has been provided, That statement indicates
the project will generate 163 trips per day, The City's Traffic
Engineer has determined that the project meets the Level of
Service standards as it relates to Traffic Concurrency.
Parks:
Park dedication requirements apply for new residential development
only, thus they do not apply to this commercial development,
Solid Waste:
The impact of solid waste from this development is fairly
minimal, and has little or no effect on the City's ability to
provide a level of service as it pertains to solid waste,
Consistency:
Purluant to Section 3.3.1 (Balil for Determining conlistency) ,
the performance standards setforth in Section 3.3.3 (Standardl
for Site Plan Actions) along with compliance to Section
2.4.5(F)(5)(General Compatibility and Harmony with Adjacent
Properties) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.3 and other policies which apply are as
follows:
Standards for Site Plan Action:
A) Building design, landscaping, and lighting (glare) shall be
such that they do not create unwarranted distractions or
blockage of visibility as it pertains to traffic
circulation. (Traffic Element c-1.2)
The building is existing along with the parking spaces. The
proposed canopy addition, landscaping, and lighting will not
create unwarranted distractions or blockage of visibility as it
pertains to traffic circulation,
B) Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians in a manner consistent with
objective D-1 of the Traffic Element.
Appropriate separation of vehicles and pedestrians has been
provided. A paved sidewalk is to be located along the west
property line, connecting the existing sidewalk along Atlantic
Avenue to the existing sidewalk along the alley, This sidewalk
will be provided from the CRA in conjunction with its CBD alley
improvement program.
.
SPRAB Staff Report
Major Site Plan Modification for Elwood's Bar-B-Que
Page 4
Comprehensive Plan Policies: A review of other objectives and
policies of the adopted Comprehensive Plan, specifically within
the Land Use Element, produced the following relevent items:
Objective C-4:
The Central Business District (CBD) represents the essence
of what is Delray Beach i,e, a "village like, community by
the sea" , The continues revitalization of the CBD is
essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart In South Florida".
Policy C-4.1 The Central Business District (CBD) Zoning
District regulations shall facilitate and encourage
rehabilitation and revitalization and shall at a minimum,
address the following:
* accommodating parking needs through innovative actions
* incentives for dinner theaters, play houses and other
family oriented activities
* allowing and facilitating outdoor cafes
* incentives for mixed use development and
rehabilitations
The proposal described herein is an excellent example of creative
adaptive reuse for the building and site, The Downtown Area will
benefit from the outdoor cafe, and family oriented atmosphere.
The canopy and other improvements to the site will strengthen the
Atlantic Avenue street-front, encouraging the rehabilitation and
revitalization of the CBD. Parking for the site has been
accommodated through a shared program with the CRA and it is
anticipated that the first 2 required parking spaces will be
waived based on the approval of Master Parking Program.
Section 2.4.5(F)(5) Site Plan Findings:
Pursuant to Section 2.4.5(F)(5)(Findings), in addition to
provisions of Chapter Three, the approving body must make a
finding that development of the property pursuant to the site
plan will be compatible and harmonious with the adjacent and
nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values.
The vacant gas station has been a visual "eyesore" for many
years, The adaptive reuse and rehabilitation of the structure
will be an asset to the Atlantic Avenue street front, and will
encourage other redevelopment in the area. The proposal is
compatible and harmonious with the adjacent and nearby properties
and the City as a whole, so as not to cause substantial
depreciation of property values.
.
.
SPRAB Staff Report
Major Site Plan Modification for Elwood's Bar-B-Que
Page 5
Compliance with Land Development Regulations:
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a
land development application/request.
Parking: Pursuant to Section 4.4.13(G) the parking required for
the creation of new floor area shall be at the rate of 1 space
per 300 sq. ft. of floor area.
The proposal includes 1,424 sq. ft. of new use area, Five (5)
parking spaces are required for this area only, based on a rate
of 1 space per 300 sq, ft, Three (3) of the parking spaces are
existing on site. The applicant is requesting a waiver of the
first 2 required spaces based on recomendations made in the 1992
Master Parking Plan for the CBD (Central Business District), The
recomendations include an amendment to the LDRs which would waive
the first 2 required spaces for renovation/modification projects.
The applicant has provided an Affidavit which states that if the
LDR amendment is not approved wi thin 2 years, he will pay the
"in-lieu parking fee" of $2,500,00 per space.
Setbacks: The proposal meets all the setback requirements within
the CBD.
Screens and Buffers: There are no particular screens and buffers
associated with this development proposal.
Buildinq Heiqht: The maximum building height in the cBD zoning
district is 48' , The existing building is approximately 17' in
height. Thus this code requirement has been met.
TECHNICAL ITEMS:
The revised site plan has accommodated staff's technical
concerns. The following items are provided to the applicant as a
courtesy and will need to be addressed with the final engineering
plans:
1. Provide a reduced pressure backflow prevention device on
potable water service.
2, Provide floor drain in dumpster enclosure discharging
through a grit chamber to the sanitary sewer facility.
3, Provide final paving and drainage plans illustrating a
minimum capacity of site drainage facilities adequate for
the retention of storm water runoff in accordance with SFWMD
requirements for water quality.
4. Final engineering plans must be prepared and signed and
sealed by a registered engineer.
'.
.
SPRAB Staff Report
Major Site Plan Modification for Elwood's Bar-B-Que
Page 6
LAN D SeA P E A N A L Y S I S ,
,
At the southwest corner of the building, adjacent to Atlantic
Avenue, a landscape area is to be provided with low-level
landscape material, however, the plan does not provide for a
vertical element. It would be appropriate that a Coconut Palm be
installed at this location to tie into the Atlantic Avenue
streetscape theme, and provide shade for the outdoor dining area,
Live Oak trees (12' ht. x 6 ' sprd.) , and hedge material is
proposed for the balance of the site. Even though the landscape
plan meets the intent of the code, it appears that a more
innovative design could be achieved through xeriscaping, The
addition of groundcover in the proposed sodded areas would cut
down on the cost of maintenance and water consumption.
The applicant is requesting 2 landscape waivers from the
following Sections:
. Section 4.6.16(H)(3)(a), states that a landscape strip of at
least 5' must be provided between the vehicular use area and
the adjacent property,
. Section 4.6.16(H)(3)(j), states that each row ot parking
spaces shall be terminated with a landscape island.
The landscape waivers. are being requested as a result of the
parking configuration which was installed as part of the CBD
alley improvement program. Six feet (6' ) of the Elwood property
was donated to the city, to provide a continuous sidewalk along
the alley, which extends through the terminal landscape island.
This restricts Elwood's ability to provide the landscape strip
and terminal landscape island adjacent to their parking row, It
can be determined that the intent of the code has been met, as a
landscaped area has been provided interior to the sidewalk, and
the paved surface is to be "paverlocks" which is a type of
landscape material,
OTHER:
With the revised submittal, a landscaped area which was proposed
on the original plan has been eliminated. This 2' wide
landscaped area was to be located between a 2' high wall, which
encloses the outdoor covered dining area, and the sidewalk along
Atlantic Avenue, There are several concerns regarding the
omission of this landscape area, which are described below:
* The intent of the code and a Board policy in the past has
been that developments provide foundation plantings for
building elevations that are visible from adjacent
rights-of-way; and
. the 2 ' high wall does not aesthetically buffer the dining
area from Atlantic Avenue;
.
SPRAB Staff Report
Major Site Plan Modification for Elwood's Bar-B-Que
Page 7
Several solutions that may soften the view aesthetically, are to
request that the wall be increased in height to 36" or 40" with a
planter box, or that the landscaped area be provided as proposed
in the original submittal.
Landscape Technical Items:
1. Provide the location of the lights on the site/landscape
plans to insure that no conflicts occur with the proposed
landscaping. It appears that the light mounted on the
northwest corner of the building will conflict with the
proposed tree in the landscape island.
ARC HIT E C T U R A L E LEV A T ION S ,
,
The existing building will be restored to its original state
with the addition of a canopy (concrete and wood) in front of the
building and a screen room to the rear of the building, The
canopy structure is approximately 32' x 28' , and is being
constructed for the purpose of a covered outdoor dining area.
The screen room is approximately 8' x 13' and is being installed
at the request of the Health Department to cover the area where
the food will be removed from the smoker.
Other architectural features that the Board will need to approve
include a 6' high chain-link fence dumpster enclosure and
security fence. Both fences will provide metal slating for
screening purposes. At its meeting of December 2nd, the Board
approved the proposed color scheme of a yellow building with blue
and aqua accents, with a condition that the yellow be a few
shades lighter than originally proposed.
Attached are the comments from the Historic Preservation Board
regarding their thoughts on the proposed elevations. In general
the Board felt that the proposed elevations are compatible with
the historic "Streamline" style of the building,
REVIEW BY OTHERS:
Downtown Development Authority:
At its meeting of November 11th, the DDA (Downtown Development
Authority) reviewed the proposal. The DDA had some concerns
regarding the sufficiency of parking on site. The DDA noted tbat
this restaurant could accommodate 90 seats for dining with only 3
on-site parking spaces, There was also a concern that the bar
was located outside, where drinking could become a problem, They
requested as a condition of approval that the bar be enclosed
after 1 year, if any problems occurred,
'.
SPRAB Staff Report
Major Site Plan Modification for Elwood's Bar-B-Que
Page 8
Community Redevelopment Agency:
At its meeting of November 20th, the CRA reviewed the proposal
and unanimously approved the project.
The Historic Preservation Board:
At its meeting of November 4th, the HPB (Historic Preservation
Board) reviewed the proposal and unanimously recommended approval
of the project as submitted,
ASS E SSM E N T :
The proposed development is consistent with the policies of
the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. The major modification involves an adaptive reuse
of a historical building for the purposes of a restaurant, There
are several items which the Board will need to address such as
the appropriateness of a chain link screen enclosure for the
dumpster, the 2 ' high concrete wall adjacent to Atlantic Avenue
without any landscaping, and the general layout of the landscape
plan. The Board will also need to make a recommendation to the
City Commission on the waiver request to eliminate a terminal
landscape island, and the 5' perimeter landscape strip along the
north property line.
A L T ERN A T I V E ACT ION S :
1. Continue with direction,
2, Approve the major site plan modification, elevations and
landscape plan subject to conditions.
3. Deny approval of the site plan and development plans with
reasons stated.
R E COM MEN D E D ACT ION :
By Separate Motions:
Waiver:
1. Recommend to the City Commission approval of the waiver
request from Section 4,6.16(H)(3)(a) and (j) to provide a 5'
perimeter landscape strip and a terminal island,
"
.
SPRAB Staff Report
Major Site Plan Modification for Elwood's Bar-B-Que
Page 9
Site Plan:
1. Approve the major site plan modification based upon positive
findings pursuant to Section 3,1.1 (Required Findings and
Section 3,3,3 (Standards for Site Plan Actions) subject to
the following conditions:
a, That the, on-site sewer service lateral be located and
shown on the site plan to insure that no conflicts
occur.
b. That the Affidavit for the "in-lieu parking fee" be in
a form exceptable to the City Attorney prior to
building permit submittal,
c, The Board's disposition on the DDA's recommendation to
enclose the bar after 1 year if any problems occur,
2, Approve the landscape plan based upon positive findings
pursuant to Section 4.6.16 subject to the technical item
being addressed prior to building permit submittal and the
Board's disposition on the following:
b. The provision of a Coconut Palm at the southwest corner
of the site, the addition of groundcovers, and
a landscape bed or higher wall with a planter box along
Atlantic Avenue.
3. Approve the architectural elevations based upon positive
findings pursuant to Section 4,6.18.
JM/ELWOODS , DOC
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MEMORANDUM
DATE: NOVEMBER 5, 1992
TO: JANET MEEKS, PLANNER II
SITE PLAN REVIEW AND APPEARANCE BOARD
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
SUBJECT: PROPOSAL FOR ELWOOD'S BAR-B-QUE; THE FLAMINGO
SERVICE STATION, 301 EAST ATLANTIC AVENUE
HISTORICAL BACKGROUND
The bui lding was constructed in 1941 for the Standard Oil
Company but stood vacant for the duration of WWII. In 1944
the station was purchased by Delray resident, Paul
Sanderson, owner of the Flamingo Service Station which was
located at Atlantic Avenue and Federal Highway. The Federal
Highway station was sold to a major oil company and Mr.
Sanderson relocated the business to the subject building,
retaining the name, "Flamingo Service Station",
At the time of its construction, gas stations were prominent
features of main street streetscapes, Small, friendly and
performing a multitude of automotive services, they were an
accepted part of a downtown's commercial fabric.
The building is built in the Streamline style of
architecture which was popular throughout the country,
especially in Florida and California, in the 1930's. This
style rejects the traditional approach to exterior
decoration and put its emphasis on the horizontal; on flat
smooth rounding surfaces, and aerodynamic massing for
decorative effect. As the nation was putting more and more
emphasis on streamlining to create speed in the automobile,
it is logical that Streamline became the style of choice for
gas station design, It was representational architecture at
its best; the building became the sign and the symbol of the
product.
The Flamingo is one of the last remaining stations of this
style in the City and the last of the neighborhood stations
on Atlantic Avenue, The Historic Preservation Board
commissioned a Designation Report on the building and
recommended that it be placed on the Local Register of
Historic Places in January of 1990. The DDA, the eRA and
the property owner opposed the recommendation and the City
Commission denied its designation on January 29, 1991.
Deteriorating, neglected and unprotected by historic
designation, it seemed inevitable that the building would be
demolished or insensitively remodeled for a new use.
.
.
Elwood's Bar-B-Que
Page 2
ANALYSIS OF THE PROPOSAL
This is an excellent example of creative adaptive reuse for
the building and the site. The construction of the proposed
canopy is a complementary addition which reinforces the
building's original function. It does not diminish the
integrity of the exterior design elements because it allows
the reveal on the east parapet to remain and adds emphasis
to the horizontal concrete "eyebrow" sun shade over the
original entrance, Both the eyebrow and the reveal are major
features of this architectural style. Most of these old
Streamlined gas stations had exactly such canopies to
protect the pump attendants (no self service in those days)
from the weather and to keep the auto's occupants sheltered
as well. The fact that the Flamingo never claimed a canopy,
was probably due to space limitations and vehicular
circulation on the site.
The yellow main color and the blue trim colors combined with
the neon tubing are compatible to the style and will enhance
both the original structure and the new canopy.
HISTORIC PRESERVATION BOARD'S RECOMMENDATION
The HPB reviewed this proposal at its meeting on November 4,
1992. It was the unanimous and enthusiastic consensus of the
Board to recommend to the eRA and the Site Plan Review and
Appearance Board that this project be accepted as presented.
,
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8M
SUBJECT: AGENDA ITEM i 8 C - MEETING OF JANUARY 12. 1993
DELETION OF PROJECT FROM THE CBD ALLEYWAY IMPROVEMENT PRO-
JECT
DATE: January 8, 1993
This item is before you to delete a 16 foot alley located in Block 57,
just south of the Cason Methodist Church between N, Swinton Avenue
and N.W. 1st Avenue, from the CBD Alleyway Improvement project.
We have received correspondence from the residents of Block 57 asking
that the alley be deleted from the program. The reason for their
request is that this alley is unimproved and would not benefit the
block by being improved.
The alley was included in the program due to the potential for
conversion of the adjacent properties to businesses under the Old
School Square Historic Arts District zoning designation. However,
upon site inspection it was noted that there are numerous structures,
as well as, existing mature trees situated on or near the alley
right-of-way line. Additionally, as the church is located directly
north of the alley and the alley does not continue through the church
property, the improvement of the alley would dead-end at the north
end, It may be appropriate to abandon this alley in the future,
should the residents wish to pursue that process.
The Planning and Zoning Board at their December 14th meeting and the
Community Redevelopment Agency at their December 17th meeting
recommended approval of removing this alleyway from the Program.
Recommend approval of the request to remove a 16 foot alley located
within Block 57 from the CBD Alleyway Improvement Program.
'. '
{./(
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MANAGER
THRU: .
FROM:
II
SUBJECT: MEETING OF JANUARY 12, 1993
CHANGE TO THE CBD ALLEYWAY IMPROVEMENT PROGRAM
**REGULAR AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the deletion of a 16' alley from the CBD
Alleyway Improvement Program,
The subject alley is located just south of the Cason
Methodist Church between North Swinton Avenue and Northwest
1st Avenue,
BACKGROUND:
In late 1992, the City's Engineering Department notified the
residents in Block 57 that the alley within their block was
included in the CBD Alleyway Improvement Program and was to be
improved, This alley had been included in the program due to
the potential for conversion of the adjacent properties to
businesses under the OSSHAD zoning,
The residents of Block 57, by letter to the City Manager, have
subsequently asked that their alley be deleted from the alleyway
improvement program. For a more detailed background and
analysis, please refer to the attached Planning and Zoning Board
staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 14, 1992 and recommended approval,
COMMUNITY REDEVELOPMENT AGENCY:
The CRA discussed this item at its meeting of December 17, 1992
and recommended approval,
.
City Commission Documentation
Alley Deletion from Improvement Program
Page 2
RECOMMENDED ACTION:
By motion, approve the deletion of the 16' alley within Block 57
from the CBD Alleyway Improvement Program,
Attachment:
* P&Z Staff Report
* Location Map
* Request letter
* Response letter
* Lot/Ownership Map
T:BLK57CC,DOC
,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: NOVEMBER 16, 1992
AGENDA ITEM: V.A, DELETION OF BLOCK 57 ALLEY FROM CBD
ALLEYWAY IMPROVEMENT PROGRAM
ITEM BEFORE THE BOARD:
The item before the Board is that of reviewing and making a
recommendation on a request to delete the 16' alley within
Block 57, Town of Delray, from the CBD Alleyway Improvement
Program.
BACKGROUND:
In early 1991, certain alleys within the City were identified
for construction or reconstruction with Decade of Excellence
bond funds. The 16' unimproved alley within Block 57 was
listed, but only as a low priority item. The alley was included
because of the potential for conversion of the adjacent
properties to businesses under the OSSHAD zoning,
In late 1992, the City's Engineering Department notified the
residents in Block 57 that the alley was to be constructed, By
letter from Wayne Campbell and the signatures of the remaining
property owners in Block 57, the residents asked that their
alley be deleted from the program,
Since the Board was involved in the implementation of the Decade
of Excellence Bond, changes in the scope and nature of the bond
must be reviewed by the Board with a recommendation forwarded to
the City Commission.
"
ANALYSIS:
On site inspection of the alley it was noted that there are
numerous structures situated on or near the alley right-of-way
line. In addition, there are existing mature trees located
within the alley right-of-way.
Also, to the north of the alley right-of-way there exists the
Cason Methodist Church, As the church is located directly north
of the alley and the alley does not continue through the church
property, the improvement of the alley would lead to a dead-end
situation at the ~orth end,
These facts, along with the residents' opposition and the fact
that the subject alley was a low priority justify the deletion
of this item from the CBD Alleyway Improvement Program. It may
also be appropriate for the alley to be abandoned at a future
date, if the residents wish to pursue that process,
-sr..~ ·
'.
P & Z Board Staff Report
Alley Deletion from Improvement Program
Page 2
NOTICE:
In order to assure that all affected owners are aware of the
requested action and the deletion, a special letter (copy
attached) has been provided to them. Also, attached is a map
showing the lot/ownership configuration,
Notice of this item has also been provided to the CRA, The CRA
will meet on December 17th and th'=lir recommendation will be
included in the city Commission for this item,
RECOMMENDATION:
By motion, forward a recommendation of approval to delete the
alley within Block 57 from the CBD Alleyway Improvement Program,
Attachment
* Location Map
* Request letter
* Response letter
* Lot/Ownership Map
Report prepared by: Steven E. Taylor
Reviewed by DJK on: 11'-10-92
T:BLK57PZ,DOC
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PRIVATE INVESTIGATIVE AGENCY
38 SOUfH SYt''''OH AV(NVE
OElnAY BEACIl. nORlOA 334-U
9l~ November 16, 1992 ('07) 77"95065
Vi/gin/a Snyder
1;>/ ~ ,~. ~ Wp., rill"" 840Ad'l ('07) 734 3111
-7',,. .J".t....1IHV
K W.yrwJ Campbel rill' ('OT) 1'31635
.J:JI,.,. Y_tlf.
Rem S, Snyder Mr. David Harden
City Manager
City of Delray Beach
RE: ^lley R~construction Project
Phase 11
Dear Mr, Harden:
I am writting this letter on the behalf of all the homeowners
on Block 57, 300 block North Swinton ^venue, D~lray Oeacll. The
entire west side of this block is owned by four (4) llomeowners.
We were very disturbed to receive a letter from your office
over the weekend stating that the city planned to install an
alley on our block. .
We are aware that the city has an eascnl~nt but there has never
been an actual alley on this block. Some of t II~ trees where the
alley is proposed are probably thirty years ole' or older, We
feel that an alley in this block would do nothing to ur.!nefit
the block and actually would probably increase the crime. In
the five plus years I have lived on this block there has never
been anything stolen from my house or yard. ,~(' all feel that
an alley would allow access to our bacr.yards which in turn would
increase the chances of being bror.en .into.
.
If the alley was installed in this block, wherr? would it go?
The north end of block 57 is bordered by Cason Methodist Church.
The alley would cut through the middle of the church and if it
stopped at the church property line how can it be ben~ricial to
anyone involved.
We, the owners of Block 57, do not want an ~llc}' and feel that th~
money used to instal:l an alley where it is not wantec) is a waste
of our, the tax payets t , money and this mon~y ('ou Id he u!;cd on
other alleys in the city that need repair and upgrading.
Thank you for letting us be heard on this issu~ and we all hope
~~mq can be dropped and the alley ab.lndon"d as soon
a~~ s~'nc e . yours
NO'4 l"l '992 /7'
PLANNING & ZONING /IF.,~;;::;;rk.u
. 314 jf&rth Swinton ^v~n\ln
c:'.....r Hl'~
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0 ( "\
PHUPER'l'Y UWN"~ltS IN 1'IIE 3UU Ill-UCR NUHTII ~;W I UTON
^Gl\INST TUE l\LL Y PROJECT
K. WAYNE CAMPBELL: ~~., Z ~_;gd., FL A
ELLE' CIU\F'f: ~ C~~ 3\), \1...0 (::l<A..l"",h WL
HOS1\LINU UINES: ~~~ ~~I ~.~. /ataw...,
DE^N IIUPPMNy/=- Q~a rlft.. .." ...
3/oJt~~.
TIM 1\BERN^'rUY: ~ (1)bu.~ . 3\4 N, $,.W",.,{:CN -^'IIE,
SIJJ\UN KELLEY CORKERN, TRUSTEE FOR TilE CIIl\RLES W l\NIl CIIl\RLU1'TE
VOGLER EST^TE. MS. CORKERN If^S STl\TED TIIl\T Tlm'TRUS1' IS ONLY
INTERESTED IN SELLING l\Ll, TilE LOTS 1\S UNE. "UHY DU Hu'r Wl\N'r
1\N l\t.t.EY CONSTRUCTED. M~. cottKP.RN J SIN FORT t.^lJlJ~~IU)^I.F. nUT
WOULD DE GL^O '1'0 SENU ^ LET1'F.1t $T^TING TIIEIR l'p511'tON UN 'l'lltS
Ml\TTER IF NEEDED.
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~ITY DF DELRAY BEA[H ',: 9~' ~
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100 NW, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . ~0712~3-7000
December 2, 1992
Wayne K, Campbell
314 North Swinton Avenue
Delray Beach, Florida 33444
Re: Block 57 Alley Improvement Proqram
Dear Mr. Campbell:
The Planning and Zoning Department has received a request from
some of the property owners in Block 57 to delete the planned
improvements to the block's north/south alley from the Decade of
Excellence, CBD Alleyway Program. That request is now being'
processed.
The CBD Alleyway Improvement Program set aside public funds for
the improvement and construction of alleys within city blocks in
and around our Central Business District. Block 57 was involved
based on the potential for use conversion along Swinton Avenue.
Amendments to the Alleyway Program require a review by the
Planning and Zoning Board, followed by City Commission action.
The Planning and Zoning Board will consider this item at its
regular meeting of December 14, 1992, The Board will then
forward a recommendation to the City Commission, which will
review the request at the meeting of January 12, 1993. Both of
these meetings will be held in the Commission Chambers at City
Hall, and both begin at 6:00 p,m.
Please be aware that bY' deleting this item from the Alleyway
Program, the responsibility for any future improvements that may
be made to the alley by individual property owners will be at
the owners' expense, For example, if an owner in Block 57
wanted to provide access and parking from the alley for a
potential business, that owner would have to bear the expense of
paving the portion of the alley leading to his or her property.
If an ultimate goal of property owners in Block 57 is to have
the alley abandoned, a separate abandonment process is required.
This process also involves a review by the Planning and Zoning
Board and action by the City Commission. The first step in the
process is the submission of an abandonment application,
including a current survey of the property to be abandoned. If
abandonment is an option, I would suggest that a representative
of the Block 57 owners be designated to work directly with
Steven Taylor of the Planning and Zoning Department. Mr. Taylor
can be reached at (407) 243-7040.
THE EFFORT ALWAYS MATTERS
,
t.-
If there are any questions regarding this matter, please feel
free to contact Mr. Taylor or me at the number given above.
,
c: David J. Kovacs
John Walker
Steven Taylor
T:BLK57.DOC
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December 14, 1992
City of Delray Beach, Florida
Board of Commissioners
Planning & Zoning Department
Delray Beach, Florida
Re: Property - Lots 11-16, Block 57, (Old School Square
Historic District) PB 12, P 86, Delray
Beach, Florida i/n/i Charlotte Vogler
To Whom It May Concern:
It is my understanding that the City of Delray Beach, is
intending to pave an alley in block 57 of Old School Square
Historical District. The street address of this property is
the 300 block of North Swinton and NW 1st Avenue.
All of the property owners in this block are in agreement,
and would at this time, like to formally request that the
City stop any and all plans to build the proposed alley way.
This request is made based upon the following facts:
l. Construction of this improvement would not
benefit the owners of the adjacent property nor
would it benefit the public good.
2, Construction of this improvement would increase
access to the adjacent properties by unknown
parties and ~ossibly undesirable persons.
3. Construction of this improvement is an undesired
and unnecessary expenditure of public funds,
THEREFORB, the undersigned as the legal representative of
the Charlotte Vogler estate, formally requests that the
Board representing the City of Delray Beach, Florida,
abandon the construction of the proposed alley AND abandon
the easement that runs the length of the block 57.
Sincerely yours,
d/'~~~~~ - 0d___ --,
Shaun Kelley-Corkern
Personal Representative
of the Estate of Charlotte Vogler ~ -
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtY< '(
SUBJECT: AGENDA ITEM i <6~ - MEETING OF JANUARY 12. 1993
RATIFICATION OF CHANGES TO THE CRA PLAN
DATE: January 8, 1993 ,
This item is before you to ratify changes to the CRA Plan which was
adopted on December 1, 1992. The changes irtclude:
-adding the ordinance number and date of the amendment to the
title page;
-adding a note to the language with regard to the CRA preparation
of a Riverwalk Plan to wit: "The Riverwalk is an unfunded City
Project. Completion of the plan is not a guarantee of future
funding"; and,
-adding a note to the Five Year Redevelopment Program and Funding
Allocations Table to wit: "All Projects Shown in this Table are
Subject to Availability of Funds".
Recommend ratification of changes to the CRA Plan.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO. ~VID T. HARDEN, CITY MAIlAGER
I~~~~
FROM: V~D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 12, 1993
RATIFICATION OF CHANGES TO THE CRA PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
ratifyinq changes to the recently approved CRA Amendment,
BACKGROUND:
On December 2, 1992, the Commission approved, on 2nd reading,
and ordinance which approved Amendment '1 to the CRA Plan. At
that time there were two items of note. The CRA stated an
intent to comply with the direction provided on those two items
i.e. :
* changes to the schedule of capital improvements to
reflect the tentative nature of some projects; and,
* clarification of the City's role and responsibility with
respect to a potential riverwalk project and pathway under
the Atlantic Avenue Bridge.
PLANNING AND ZONING BOARD CONSIDERATION:
Pursuant to the amendment review policy contained in the eRA
Plan, it is not necessary for this specific item to receive
further Board review, It is noted that the proposed changes
were initially recommended by the Board.
Director's Comment: While different language, or manner of
presentation, might be more appropriate, formal acknowledgement
of the previous comments through this change is sufficient.
RECOMMENDED ACTION:
By motion, ratify and accept the changes as presented.
Attachment:
* CRA letter of December 4, 1992 with its attachments
(replacement pages 4.29, 4,50, and title sheet)
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12/8/92 c: City Commission
CD Community David Kovacs
Redevelopment City e1:t!ftet1'r6r''!'"~~~W'"
-a Agency DTH:m1d
Delray Beach
December 4, 1992
David T. Harden, City Manager RECEIVED
City of Delray Beach
100 N,W, 1st Avenue DEe ]' 1992
Delray Beach, Florida 33444
CITY MANAGER'S OFFICE
Dear Dave:
Please find enclosed, copies of the CRA Plan changes which were requested by the City
Commission at the second reading to adopt the Plan on December 2, 1992, Please forward these
changes to the City Commission and to David Kovacs for transmittal to the P & Z Board. Since
the Plan was adopted by the City Commission contingent upon these changes, Bob Federspiel
feels that the City Commission should ratify these changes, Please include this as an agenda item
for the earliest possible meeting of the City Commission,
For the sake of clarity, the changes are as follows:
1. The title page was changed to include the ordinance # and the date of the
amendment.
2. Page 4.29, first line on the page - This change deals with the CRA preparation
of a Riverwalk Plan, The following language was added: (Note: The Riverwalk
is an unfunded City Project. Completion of the plan is not a guarantee of
future funding,)
3, Page 4.50, Table 4.3 , Five Year Redevelopment Program & Funding Allocations,
The following note was added at the bottom of the table: All Projects Shown In
This Table Are Subject To Availability Of Funds
If you the City Attorney should have any questions, please call Bob Federspiel. Thank you
for Y. ur co ideration,
Christopher J, Brown
Executive Director
207 E, Atlantic Avenue. Dpi:2\' He;],..'! cl, Ti4-4.'1 'T' :7\ 27~~ .::)~
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The City of
Delray Beach
Community
Redevelopment
Plan
Amended by Ordinance 60-92
December 1, 1992
The City of Delray Beach
Community Redevelopment Agency
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Park and the City Marina (Note: The Riverwalk is an
unfunded City Project. Completion of the Plan is not
a guarantee of future funding)
Program Participants and Administration
* The CRA shall administer and coordinate the program
* Other participants in the program may include, but are not
limited to, the City of Delray Beach, DDA, Atlantic Avenue
Association, Chamber of Commerce and the Council of 100
Funding Sources
* The CRA, DDA, Chamber of Commerce and others, as appropriate
shall provide the funding for the project
Program Schedule
* This Program began in 1992
# 2.15: "Block #60 Redevelopment"
Background
This Block lies in a strategic location between two major
redevelopment projects on Atlantic Avenue, the Municipal Tennis
Center/City Hall and Old School Square. With the large sums of
money involved in these two projects, ,it is imperative that
development in this block does not detract from the overall
redevelopment effort. Unfortunately, at the present time, the
overall appearance of the block is a blight to the area.
Existing land uses consist of poor quality residential duplex
units, vacant commercial structures, vacant property, and several
single family residences,
Given the prime location and condition of existing property,
this block is now ripe for redevelopment. In fact, one of the
single family residences, "Tarrimore", has already been acquired
for conversion to a high-quality restaurant, The CRA has been
approached by the developers of the Tarrimore property with a
redevelopment concept for the north half of the Block. This
concept would be for the CRA to acquire and demolish the 4 duplex
units and replace with a parking lot. The addition of parking in
this location would make conversion of the remaining single
family homes to business use feasible. Two damaged single family
houses and a vacant lot would also be acquired by the CRA, These
properties would then be sold back to the private sector with
parking rights for conversion to business use.
This concept fits very well into an overall redevelopment
scheme for the block. This scheme would ideally contain a
commercial or governmental use(s) fronting on Atlantic Avenue,
parking in the center of the block, and commercial conversions to
the ?orth, Another advantage of this concept is that the parking
could also be used for Old School Square and the Tennis Center.
4,29
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Table .4.=.3
FIVE YEAR REDEVELOPMENT PROGRAM
& FUNDING ALLOCATIONS
FISCAL YEAR
# PROJECT NAME 92/93 93/94 94/95 95/96 96/97
PLANNING
1.1 GAE
1.2 W, Atlantic Ave, Redev, Plan $10,000
1.3 CBD Development Plan . $15,000
1.4 Master Parking Program $5,000 $5,000 S5,000 $5,000 S5,000
REDEVELOPMENT
2.1 Peach Umbrella Plaza I (l) S607,243 (S255,082
2,2 Affordable Housing Program $200,000 $100,000 $100,000 $100,000 $100,000
2.3 Downtown Anchor with Parking . $10,000
2.4 Downtown Cinema Mixed Use Proiect (l) S779,135 ($279,135
2,5 Blocks 76 & 84 Redevelopment (1) $698,509 $185,000 ($148,340
2,6 S. County Courthouse Expansion $25,000 $5,000 S500,OOO
2.7 Pineapple Grove Neigh, Plan Implem, .
2.8 Bankers Row (2) SI76,448 ($3,250 ($3,250 ($3,250 ($3,250
2.9 Pineapple Grove Way Revitalization . .
2.10 Municipal Tennis Center Rehab, $50,000 $50,000 $50,000 $50,000
2.11 N. Federal Hwy, Transition Program . . . . .
2.12 Old School Square $43,743 $43,743 $43,743 $43,743 $43,743
2.13 Mount Olive Redevelopment (1) . $218,649 ($163,986
2,14 Downtown Core Improvement $188,667 $125,000 $77 ,500 $77 ,500 $52,500
US Block #60 Redevelopment (1) $727,296 ($235,000
2.16 Block #61 (2) $5, ()Q() $162,521
2,17 Peach Umbrella II . . . . .
2.18 8th Street (Tenneco Site) .
COMMUNITY IMPROVEMENT
3.1 CRA Subsidized Loan Program $100,000 $100,000 $100,000 $100,000 $100,000
3.2 Site Development Assistance (3) $10,000 $2,000 $10,000 $10,000 $10,000
3,3 Community Activities Sponsorship $6,000 $10,000 $10,000 $10,000 $10,000
3.4 Delray Beach Trolley System $5,000 $5,000 $5,000 $5,000 $5,000
3.5 Business Development Program $5,000 $10,000 $10,000 $10,000 $10,000
MISC. PROJECT EXPENSES $0 $5,000 $5,000 $5,000 $5,000
PROJECT LEGAL FEES $20,000 $25,000 $25,000 $25,000 $25,000
... TOTALS < $3,612,041. ... $299.~ $l30,~7 .}$937,993 ..$411,993
,
(1) Project Expenditures Include Reimbursements to CRA for Land Sales
(2) Project Expenditures Include Reimbursement to CRA for Land Owner Participation
(3) FY 93194 Project Expenditures Include an $8000 Loan Repayment to CRA by Property Owner
Notes:
All Projects Shown In This Table Are Subject To Availablity Of Funds
, Denotes In, House Planning Effort
4,50
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM i b&- - MEETING OF JANUARY 12. 1993
TEMPORARY USE AGREEMENT WITH PALM BEACH COUNTY
DATE: January 8, 1993
This item is before you to approve a temporary use agreement with Palm
Beach County for the use of parking facilities located at the
northwest corner of S.W. 1st Avenue and at 200 W. Atlantic Avenue in
conjunction with the Virginia Slims Tournam~nt.
The City Attorney's office has reviewed the agreement and approved it
as to form.
Recommend approval of the temporary use agreement with Palm Beach
County for the use of parking facilities located at the northwest
corner of S.W. 1st Avenue and at 200 W. Atlantic Avenue in conjunction
with the Virginia Slims Tournament.
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PALM BEACH COUNTY
REAL PROPERTY
TEMPORARY OSE AGREEMENT
between
PALM BEACH COUNTY
and
CXTY OF DELRAY BEACH, FLORIDA
lIIIIr\delrayl.lgr
12/18192
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TABLE OF CONTENTS
PAGE NO,
ARTICLE I BASIC PROVISIOtlS
1.01 Premises"""",.,..".""."""",..., 1
1.02 Length of Term and Commencement Date,.,." 1
1,03 Reo t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE :Il: CONSTRUCTION OF PREMISES
2,01 Acceptance of Premises.,...""".,..."., 1
2.02 Al tera tions, , , . , . . , . . , . , , , , . . , , , , , . , , , . . . . 1
ARTICLE III CONDUCT OF BUSIlIESS AIm USE OF PREMISES
BY CITY
3,01 Use of Premises and Hours of Operation,.,. 1
3,02 Waste or Nuisance",.".."...""""",. 2
3.03 Governmental Regulations,....,...,."".,. 2
3,04 Surrender of Premises"""."".,.",..., 2
ARTICLE IV REPAIRS AIm MAItlTElIAUCE OF PREMISES
4,01 Responsibility of city""".",.".""" 2
ARTICLE V INSURANCE AlrD IUDEI,UUTY
5,01 Liability Insurance.""."""""""", 2
5.02 Indemnification of ".,."",.."",.",., 2
ARTICLE VI LEGAL EXPENSES..,., . . . . , . . . , . , . . , , . . , , , , ., 3
ARTICLE VII MISCELLANEOUS
7,01 Entire Agreement"..,."""",.,.,.".,., 3
7,02 Notices, , , , , , . . . . , . , , . . , , , , . , , , , , , , . . , , , ,. 3
7.03 Waiver of Jury Trial",.,.."""".""" 4
7.04 Governinq Law".."."".""..,.".",." 4
7,05 Time of Essence..,.,."",.,."",."."., 4
7.06 Severability", , , , . , , . , . , , , , , , , , , , . , , , , , " 4
Exhibit "A": COUNTY'S PROPERTy.."".".."",."",.,. 5
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TE!>1PORARY USE AGREEMENT
'THIS AGREEMENT, made and entered into this ____ day of ,
199 , by and between PALl-t BEACH COUNTY, a political subdivision of
the - State of Florida, hereinafter referred to as "County" and the
CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as "City",
WIT N E SSE T If:
WHEREAS, County is the owner of certain real property in Palm
Beach County, Florida, as said property (the "Property") is legally
described in Exhibit "A" attached hereto and by reference made a part
hereof; . and
WHEREAS, City has requested the temporary use of the parking lot
areas located on the Property in conjunction with its hosting of a
professional tennis tournament; and
WHEREAS, County is Willing to allow City to use said parking lot
areas for the purposes hereinafter defined,
NOW THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations, receipt and
SUfficiency of which is hereby acknowledged, County hereby grants to
City and City hereby accepts the use of the premises hereinafter
defined upon the following terms and conditions:
ARTICLE I
BASIC PROVISIONS
Section 1,01 Premises.
The premises subject to this ~greement consists of the paved
parking area at the Old Delray Shopping Plaza (52 spaces), located at
32-52 SW 1st Avenue and at the South County Judicial Center (65)
spaces), loc~ted at 200 W, Atlantic Avenue, Delray Beach, Florida,
Section 1.02 Length of Term and Commencement Date,
The Term of this Agreement shall be for a period of One (1) week
which shall commence on the 1st day of I-larch. 1993 (the "Commencement
Date") and shall expire on the 7th day of r'larch, 1993, The Term can
be automatically extended to expire on the 9th day of March, 1993, in
the event of any weather delay of the tournament,
Section 1,03 Rent.
The use of the Premises by City shall be on a rent-free basis,
ARTICLE II
CQNSTRUCTION OF PREMISES
Section 2,01 Acceptance of Premises,
City certifies that it has inspected the Premises and accepts
same "As Is", in its existing condition as of the Commencement Date
of this Agreement.
Section 2,02 Alterations,
City shall not make or Fermit any permanent improvements,
additions, modifications or alterations whatsoever to the Premises,
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMlSES BY CITY
Section 3.01 Use of Premises and Hours of Operation.
City shall us, the Premises solely and eXClusively for vehicle
parking in conjunction with the City's hosting of the Virginia Slims
TQnni5 TQurnamont. Th~ parKln1 sp~~cs locatea at 32-52 SW 1st
Avenue, Celray shall be reserved for use only by Tou~namcnt
1
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staff, The parking spaces located at the South County Judicial
Center, 200 W, Atlantic Avenue, Delray Beach shall be reserved tor
use only on Sunday, March 7, 1993, All parking spaces shall be
vacated by midnight, March 7, 1993, City shall not use, permit or
suffer the use of the Premises for any other business or any
disorderly or unlawful purpose,
section 3,02 Waste or Nuisance ,
City shall not cOllUllit or suffer to be cOllUllitted any waste upon
the Premises or any nuisance or other act or thing which may result
in damage or depreciation of value of the Premises or which may
, affect county's fee interest in the Premises, Following each day
of use by the City, all refuse is to be removed from the Premises
at City'S sole cost and expense, City will keep the access to the
Premises and contiguous areas to the Premises free and clear of
obstruction.
section 3,03 Governmental Reaulations.
City shall, at City'S sole cost and expense, comply with all
ordinances, laws, statutes and regulations promulgated thereunder
of all county, municipal, state, federal and other applicable
governmental authorities, now in force, or which may hereafter be
in force, pertaining to City or its use of the Premises, City
shall indemnify, defend and save County harmless from any and all
penalties, fines, costs, expenses, suits, claims, or damages
resulting from City's failure to perform its obligations in this
section.
section 3.04 Surrender ot precises,
Upon termination or expiration of this Agreement, City, at its
sole cost and expense, shall re~ove all of its personal property
from the Premises and shall surrender the Premises to County in the
same condition the Premises were in as of the Commencement Date of
this Agreement, reasonable wear and tear excepted, If City fails
to remove any vehicle parked on the precises, then upon expiration
of the Term of this Agreement, County may remove said vehicle from
the Premises for which the cost City shall be responsible and shall
pay promptly upon demand,
ARTICLE IV
REPAIRS AND,HAINTENANCE OF PREMISES
section 4.01 ResDonsibilitv of city,
All portions of the Premises shall be kept in good repair and
condition by City, At the end of the Term of this Agreement, City
shall deliver the Premises to County in good repair and condition
as specified herein, .
ARTICLE V
INSURANCE ~lD INDEMNITY
SectioD 5.01 Liabilitv Insurance,
City shall, during the entire TerD hereof, provide County with
a certificate evidencing self-insurance coverage for comprehensive
general liability in the amount of $100,000 per person and $200,000
per incident or occurrence, In the event the Legislature should
change the City'S exposure by Statute above or below the sums
insured against, the City shall provide insurance to the extent of
that exposure.
section 5.02 Indemni flca tion,
City shall, to the extent peroitted by law, indemnify and save
harmless the County from and aqainst any and all claims, suits,
actions, damages and/or causes ot action arising during the Term ot
this Lease for any personal injury, loss of life and/or damage to
proparty su~tdned in or about tho Pl"eoise. by rea.on or as a
result of the use and occupancy of the Premises by City, its
asent$, employees, licensees, invitees, and ~ernbers ot the publ!c
I13'Dn.l<'A11y, and j!ra", and a':laituu~. any ora.re, jUcSgClmClnt:., And/ol:'
aec;nea WhiGh may bg ~nt~r~~ tt!~r~9n, iln~ fnm i!!n~ EHJ~in,.t ~l).
....,...., ill ""CllIu:'ney reea, eMp.neea ana 11.IlJU 11. ~ i.. lnl:lurl'ec1 1" and
2
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about the defense of any such claim, In the event County shall be
made a party to any litigation commenced agains~ the City or by the
City against any third party, then City shall protect and hold County
harmless and pay all costs and attorney's fees incurred by County in
connection with such litigation, and any appeals thereof. Noth1.ng
contained herein shall be construed as a waiver of sovereign immunity
enjoyed by the parties hereto, as provided in Florida Statutes 768.28
as amended, or any other law providing limitations on claims,
ARTICLE VI
LEGAL EXPENSES
In the event that it shall become necessary for County to employ
the services of any attorney to enforce any of its rights under this
agreement or to collect any sums due to it under this Agreement or to
remedy the breach of any covenant of this Agreement on the part of
the City to be kept or performed, regardless of whether suit be
brought, City shall pay to County such reasonable fee as shall be
charged by County's attorney for such services, Should suit be
brought for the recovery of possession of the Premises, or for any
sum due County under this Agreement, or because of the default by
Ci ty of any of the covenants of this Agreement, City shall pay to
County all expenses of such suit and any appeal thereof, including a
reasonable attorney's fee,
ARTICLE VII
MISCELLANEOUS
Section 7.01 Entire Aqrecmcnt.
This Agreement and any Exhibits attached hereto and forming a
part thereof as fully set forth herein, constitute all agreements,
conditions and understandings between County and City concerning the
Premises, All representations, either oral or written, shall be
deemed to be merged into this Agreement, Except as herein otherwise
provided, no subsequent alteration, waiver, change or addition to
this Agreement shall be binding upon County or City unless reduced to
writing and signed by them,
Section 7,02 Notices,
1>.ny consents, approvals and permissions by County shall be
effective and valid only if in writing and any notice by either party
to the other shall be in writing and shall be deemed to be duly given
only if mailed prepaid by certif ied mail return receipt requested,
addressed:
(a) If to County at:
Property and Real Estate I-Ianagement Division
50 South Mili~ry Trail, Suite 211
West Palm Beach, FL Jl41S
with a copy to:
Palm Beach County
Attn: County Attorney
301 North Olive Avenue
West Palm Beach, FL 33';01
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(b) If to City at:
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City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
section 7,03 Waiver ot Jurv Trial.
The parties hereto waive trial by jury in connection with
proceedings or counterclaims brought by either of the parties
hereto against the other, in connection with this Agreement.
Section 7,04 Governina Law.
This Agreement shall be governed by and interpreted according
to the laws of the state of Florida and venue shall be in Palm
Beach County,
Section 7,05 Time ot Essence,
Time is of the essence with respect to the performance of
every provision of this Agreement in which time of performance is
a factor,
section 7,06 Severability.
If any term of this Agreement, or the application thereof to
any person or circumstance, shall to any extent be invalid or
unenforceable, the remainder of this Agreement, or the application
of such term to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected
thereby, and each term of this Agreement, shall be valid and
enforceable to the fullest extent permitted by law,
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day and year first above written.
PAI11 BEACH COUUTY, FLORIDA a
ATTEST: political subdivision of the
state of Florida
Dorothy H. wilken, Clerk
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
.
County Attorney
ATTEST: CITY OF DELRAY BEACH
By: By:
City Clerk Mayor
APPROVED AS TO FORM
AND L~GAL SUFFIC1~NCY
City Attorney
1\; \nmr\,groomont\d,\ nyl. agr
12111,92
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EXHIBIT "A"
COUNTY'S PROPERTY
Parcel No. 1 (PCN: 12-43-46-17-47-000-0000)
The following described land, situate, lying and being in Palm
Beach County, Florida.
All of that Plat of Palm Beach County South
County Judicial Center, being replat of part
ot. Block 46, map of the Town of Linton (now
Delray Beach) Plat Book 1, Page 3: and part of
the Plat of Resubdivision of Block 4S, Plat
Book 4, Page 54 : and rights-of-way adjacent
thereto, section 17, Township 46 South, Range
43 East, Delray Beach, Palm Beach County,
Florida, according to the Plat thereot.
recorded at Plat Book 60, Page 124 of the
Public Records of Palm Beach County, Florida.
'Parcel No. 2 (PCN: 12-43-46-16-01-053-0131)
The following described land, situate, lying and being in Palm
Beach County, Florida,
The South 24.7 feet of Lot 13, and all of Lots
14,15 and 16, Block S3, CITY OF DELRAY BEACH
(formerly Linton), according to the Plat
thereof, recorded in Plat Book 1, Page 3, of
the PUblic Records of Palm Beach County,
Florida,
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5
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MEMORANDUM \
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~ lJl - MEETING OF JANUARY 12. 1993
TEMPORARY USE AGREEMENT WITH PALM BEACH COUNTY/LAKE IDA PARK
DATE: January 8, 1993
This item is before you to approve a temporary use agreement with Palm
Beach County for the use of parking facilities at Lake Ida Park West
in conjunction with the Virginia Slims Tournament.
.
The City Attorney/s office has reviewed the agreement and approved it
as to form.
Recommend approval of the temporary use agreement with Palm Beach
County for the use of parking facilities at Lake Ida Park West in
conjunction with the Virginia Slims Tournament.
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C I T Y o M MIS S ION DOC U MEN TAT ION
TO: DAVI
THRU:
FROM: GREG LUTTRELL ~
TRAFFIC ENGINEER
SUBJECT: MEETING OF JANUARY 12, 1993
TEMPORARY USE AGREEMENTS FOR THE VIRGINIA SLIMS TENNIS
TOURNAMENT
**REGULAR AGENDA**
ACTION REQUESTED OF THE COMMISSION:
Temporary Use Agreements between the City and Palm Beach County
for properties needed in conjunction with the Virginia Slims
Tennis Tournament.
BACKGROUND:
The Virginia Slims Tennis Tournament Parking Program was adopted by
the City Commission at its regular meeting of October 27, 1992,
This parking program identifies three County owned parcels which are
needed for tournament parking purposes,
ANALYSIS:
.
Use of these three properties require the execution of Temporary Use
Agreements with the County. Use of these three properties are
administered by two separate County agencies necessitating two
separate Agreements.
Lake Ida Park - This facility is under the jurisdiction of County
Parks and Recreation Department, We will be using the north portion
of this Park as a remote general parking site. Use at this facility
will occur March 1-7, 1993,
32-52 S,W, lst Avenue - This is the old County Shopping Center
property at the N.W: corner of S, W, lst Avenue/S,W. lst Street,
This location contains approximately 52 parking spaces to be
reserved for the tournament staff. Use at this facility will occur
March 1-7, 1993.
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. City Commission Documentation
Temporary Use Agreements for the Virginia Slims Tennis Tournament
Page 2
200 West Atlantic Avenue - This is the South County Courthouse.
Parking for 65 tournament volunteers is to be provided for Sunday,
March 7, 1993.
Aqreement Chanqes - Both Temporary Use Agreements have been reviewed
by the City Attorney, City Engineering, Parks & Recreation, Risk
Management, and the Police Department. All comments received from
these reviews have been incorporated into these agreements, Our
changes have also been reviewed with County staff, who has indicated
their concurrence.
One change is still needed based on comments received from the
tournament sponsors. The Park Permit needs to include, under other
items on the Special Event supplement the following,
"Canopies On Grass Area"
This is needed to accommodate the canopies to be erected adjacent to
the shuttle stop location. The tents will provide shade and weather
protection to those waiting for a shuttle.
RECOMMENDED ACTION:
By motion, authorize the Mayor/City Manager to execute the Temporary
use Agreements with the County for Lake Ida Park, 32-52 S,W. 1st
Avenue, and 200 West Atlantic Avenue as amended by this report.
Attachments
* Temporary Use Agreement - Lake Ida Park
* Temporary Use Agreement - 32-52 S. W, 1st Avenue and 200 West
Atlantic Avenue
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T:\Advanced\CCVS
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. APPLICATION FOR USE OF FAOLITIES PERMIT ,
Send to: Special Events App. Sent/By: December 9, 19(
Pub and Reaeation Department
2700 Sixth Avenue South Meb
Lake Worth, FL 33461
(407) 964-4111
I -,
10: City of Delray Beach
% Greg Luttrell, Traffic Engineer
100 N.W, First Avenue Phone (work): ( 4 0 7) 2 4 3 - 7 2 8 5
Delray Beach, FL 33444 243-3174
L ..J (home):
Organization: City of De1ray Beach
Purpose: VirRinia Slims Parkin~ area No. of participants: 1400 vehicles
Park: Lake Ida No. of spectaton:
location: Back Dortion of ~ark. as desienated on attached map
(J'Iease IlttIcta aJF'f ci rouIe or sh pIu illpplica~
Date: March 1-7. 1993 Tune: 7:30 8.m. to midnieht
PLEASE OiECK ALL APPROPRIATE BOXES RELATED TO YOUR EVENT
· COLUMN A COLUMN B
U Picnic Pavilion Rental j!J Special Event Fee ~e& wA"'~
Fees: $79.50 Weekends & HoU:Ci $26.50 Weekdays Fee: $35.00. No cash actepted. Separate check payable to
(tax included), No cash ao:ept Separate check Board of County Commissioners.
,payable to Board of County Coounis.sio~ o Alcoholic Beverage SaleS ·
o Alcoholic Beverage Consumption . . (Copy of liquor license required)
, - -
OAm1ifier . " o Food or Beverage sales ·
P . . l' .
, .. -- - - - .. >-
o Amusement Activities. ., E Admission Charge/Event Advertising
o Contracted Picnic Planner · o U\'e Entertainment ·
o Pony Rides · JS2 General Liability Insurance Naming Palm Beach
...a Directional Signs , County Additional InSUll!d
I :. . ~ )g Other SU p.4."c.". ~ ~ t.S. (2,)
o Other
...... ~ -:. -
· Name of vendor(s) providing services:
MUSf MEHf COUNlY HEAL rn DEPARTMENT AND OCCUPA llONAL UCENSE REQUIREMENTS
There is a security deposit required for all events. II one or more boxes in column A is checked, the deposit is
$100.00. If one ormore boxes in column B is checked, the deposit increASeS to a minimum of 5250.00, Please provide
a ~p.u.th! ml!rk payable to brd of County Commissioners (person.aJ or business check only),
· Your verbal reservation is good for 14 days pending rec:-e:pt of checks and signed application.
· H you cancel at least 30 days prior to your event, an alternate date may be arranged. Rental fees cannot be refunded.
· This form must be returned even upon cancelation.
PLEASE INCLUDE A SELF-ADDRESSED Sf A.\fi'ED E.~YElOPE WITI{ APPUCA nON. , . llIANK YOU}
[ Ple.a.se Re~d and Si~n Reverse Side J
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INSURANCE INDEMNlFICA TlON:The Permittee shall indemnify, defend and save harmIess
Palm Beach County from any and all injuries (including death), property damage and otherclaims,
liabilities, losses and causes of action arising out of any negligent act or omission by Palm Beach
County and the Permittee during the use of the facilities desaibed on the front of this form by
Permittee or th~ acting under the auptority of the Permittee including participants and spectators
in connection with the Permittee's activitieS in and on the site.
.
By my signature I agree to comply with all rules, regulations, L1ws and ordinances of Palm
,', ,~ch County and the Pub' and Recreation.Depanment in regard to the rental and/or use of
facilities and agree to the indemnification above..
Failwe to provide accwate infonnation could result in forfeiture of your deposit or loss of
, permit privileges. lHANK YOU FOR YOUR COOPERA nqN,
, . " ). - - . . ': ' . ' , 1 .,
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APPLICANTS SIGNA lURE
Form MUST be signed
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EVENT: Lake Ida Park
3/1-7/92
SPECIAL EVENT SUPPLEMENT
ADDITIONAL REQUIREMENTS COMMENTS, FEES
X Provisions for Use Park & Ride,
X Off Duty Officers As Required by PBC Sheriff's
Office. Traffic control &
security provided by City.
X Copy of Liability Insurance City's policy & transportation
X General X Product company's policy. Each to name
- -
X Comprehensive Autoaobile Palm Beach County additional
All vendors must be licensed insured and carry a 30 day can-
in the State of Florida cellation clause.
X Road Closings/DOT Peraits As determined by County & City,
X Park Maintenance Will mow. spray for ants.
provide 25 trash cans & liners,
X Utilities/Site Needs Restrooms open & stocked,
X Admissions Charge Parking fee charged for shuttle
X Signage Must be approved by Parks & Rec,
X Other The park is open to the public.
All Require.ents Due 30 Days Prior to Event
Restrictions: City to provide: Tow service to disabled or illegally
parked vehicles; Adequate lighting to all areas utilized for
parking, pedestrian, & vehicular traffic; Clean-up of site during
& at event conclusion, Yellow area on attached map indicates free
parking area available to boaters & the general public,
.
INDEMNIFICATION CLAOSE-The Permittee shall indemnify. defend and
save harmless Palm Beach County from any and all injuries
(including death), property damage and other claims, liabilities,
losses and causes of action arising out of any neglect act or
omission by Palm Beach County during the use of the above described
facilities by Permittee or those acting under the authority of the
Permittee including participants and spectators in connection with
the Permittee's activities in and on the site,
Date Applicant
Date Parks & Recreation Staff
Date Parks & Recreation Director
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t:j{.(
SUBJECT: AGENDA ITEM i qJ: - MEETING OF JANUARY 12. 1993
COMMERCIAL/INDUSTRIAL LOAD CONTROL PROGRAM AGREEMENT
DATE: January 8, 1993
This item is before you to approve the Commercial/Industrial Load
Control Program Agreement with Florida Power and Light for the North
and South Repump Stations located at 200 N.W. 1st Avenue and 500 S.
Swinton Avenue, respectively.
By approving this agreement, the City will save approximately
$21,940.62 annually in electrical service charges.
Recommend approval of the Commercial/Industrial Load Control Program
Agreement with Florida Power and Light for the North and South Repump
Stations located at 200 N.W. 1st Avenue and 500 S. Swinton Avenue.
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COMMERCWJINDUSTRIAL LOAD CONTROL PROGRAM AGREEMENT
This Agreement is made this day of , 19_, by and between
The City of Del ray Beach (hereinafter called the "Customer"), located at 200 NW 1 Ave. #N
Repumo Sta. in Del ra v Beach Horida, and FLORIDA POWER & LlGlIT COMPANY, a corporation
organized under the laws of the State of Horida (hereinafter called the "Company"),
WITNESSETII
For and in consideration of the mutual covenants and agreements expressed herein, the Company and the Customer agree as
follows:
1. The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of
the Company's Commercial/lndustrial Load Control Program SChedule CILC-l (hereinafter called "Schedule CILC,l") as
currently approved or as may be modified from time to time by the Horida Public Service Commission (hereinafter called
the "Commission"). The Customer understands and agrees that, whenever reference is made in this Agreement to Schedule
CILC.l, both parties intend to refer to Schedule CILC-l as it may be modified from time to time, A copy of the
Company's presently approved Schedule CILC-l is attached hereto as Exhibit A and hereby made an integral part of this
Agreement.
2, To establish the initial qualification for service under Schedule CILC.l, the Customer must have had a maximum demand
during the previous twelve months of 200 kw greater than the 'Firm Demand" level specified in paragraph 7 below.
3, Service under Schedule CILC-l will be subject to determinations made under Commission Rule 25-6,0438, F,A.C" Non-
Firm Service -Terms and Conditions, or any other Commission determination, The Company and the Customer agree that
Schedule CILC-l may be modified or withdrawn subject to determinations made under Commission Rule 25-6,0438, F,A.C"
Non,Firm Electric Service - Terms and Conditions, or any other Commission determination,
4, Prior to the Customer's receipt of service under Schedule CILC-l the Customer must provide the Company access to
inspect any and all of the Customer's load control equipment, and must also have received approval from the Company
that said equipment is satisfactory to effect control of the Customer's load, The Customer shall be responsible for meeting
any applicable electrical code standards and legal requirements pertaining to the installation, maintenance and repair of
the equipment. The Customer shall be responsible for maintaining the Customer's load control equipment and shall
provide the Company access at any reasonable time to inspect the condition of the equipment for purposes of determining
whether the load control equipment is satisfactory to effect control of the Customer's controllable load. It is expressly
understood that the initial approval and later inspections by the Company are not for the purpose of, and are not to be
relied upon by the Customer for, determining whether the load control equipment has been adequately maintained or is
in compliance with any applicable electrical code standards or legal requirements,
5, The Customer agrees to perform the necessaQ' changes by (date) , to allow control of a portion
of the Customer's load, Schedule CILC-I cannot apply earlier than this date unless agreed to by the Company,
Should the Customer fail to complete the above work by the above,specified date, or should the Customer fail to begin
taking service under S<:hedule CILC-I during that year, this Agreement shall become null and void unless otherwise agreed
by the Company, In order to receive service under Schedule CILC-I, it shall be necessary for the Customer to execute
a new Agreement, which will again make the availability of service subject to the "Limitation of Availability" in Schedule
cac.I.
6, Upon completion of the installation of the load control equipment, a test of this equipment will be conducted at a time
and date mutually agreeable to the Company and the Customer, The test will consist of a period of load control of not
less than one hour. Effective upon the completion of the testing of the load control equipment, the Customer will agree
to a "Firm Demand". Service under Schedule CaC.I cannot commence prior to the installation ofload control equipment
and the successful completion of the test.
7, The Customer agrees to a "Firm Demand" level of 0 kw during the periods when the Company is controlling the
Customer's service, This "Firm Demand" level shall not be exceeded during periods when the Company is controlling load,
Upon mutual agreement of the Company and the Customer, the Customer's Firm Demand may subsequently be raised
or lowered, as long as the change in the "Firm Demand" level is not a result of a transfer of load from the controllable
portion of the Customer's load, The Customer shall notify the Company upon adding firm load,
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COMMERCIAIANDUSTRIAL LOAD CONTROL PHOGRAM AGREEMENT
This Agreement is made this - day of , 19-, by and between
The City of Dp.lri'lY Rp.i'lC"h (hereinafter called the "Customer"),locatedat 500 S. Swinton
Ave, #5 REPMP in Del ray Beacb Florida, and FLORIDA POWER & LlGlIT COMPANY, a corporation
organized under the laws of the State of Florida (hereinafter called the "Company"),
WlTNESSETII
For and in consideration of the mutual covenants and agreements expressed herein, the Company and the Customer agree as
follows:
1. The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of
the Company's Commercial/lndustrial Load Control Program Schedule CILC-l (hereinafter called "Schedule CILC-l') as
currently approved or as may be modified from time to time by the Florida Public Service Commission (hereinafter called
the "Commission"), The Customer understands and agrees that, whenever reference is made in this Agreement to Schedule
CILC-l, both parties intend to refer to Schedule CILC-l as it may be modified from time to time, A copy of the
Company's presently approved Schedule CILC.l is attached hereto as Exhibit A and hereby made an integral part of this
Agreement.
2. To establisb the initial qualification for service under Schedule CILC-l, the Customer must have had a maximum demand
during the previous twelve months of 200 Jew greater than the "Firm Demand" level specified in paragraph 7 below,
3, Service under Schedule CILC-l will be subject to determinations made under Commission Rule 25-6,0438, F,AC" Non-
Firm Service -Terms and Conditions, or any other Commission determination, The Company and the Customer agree that
Schedule CILC-l may be modified or withdrawn subject to determinations made under Commission Rule 25-6,0438, F.AC"
Non-Firm Electric Service - Terms and Conditions, or any other Commission determination,
4. Prior to the Customer's rereipt of service under Schedule CILC-l the Customer must provide the Company access to
inspect any and aU of the Customer's load control equipment, and must also have received approval from the Company
that said equipment is satisfactory to effect control of the Customer's load, The Customer shall be responsible for meeting
any applicable electrical code standards and legal requirements pertaining to the installation, maintenance and repair of
the equipment. The Customer shall be responsible for maintaining the Customer's load control equipment and shall
provide the Company access at any reasonable time to inspect the condition of the equipment for purposes of determining
whether the load control equipment is satisfactory to effect control of the Customer's controllable load, It is expressly
understood that the initial approval and later inspections by the Company are not for the purpose of, and are not to be
relied upon by the Customer for, determining whether the load control equipment has been adequately maintained or is
in compliance with any applicable electrical code standards or legal requirements,
5, The Customer agrees to perform the necessary changes by (date) . to allow control of a portion
of the Customer's load, Schedule CILC-l cartnot apply earlier than this date unless agreed to by the Company,
Should the Customer fail to complete the above work by the above-specified date, or should the Customer fail to begin
taking service under Schedule CILC-l during that year, this Agreement shall become null and void unless otherwise agreed
by the Company, In 'order to receive service under Schedule CILC-I, it shall be necessary for the Customer to execute
a new Agreement, which will again make the availability of service subject to the "Limitation of Availability" in Schedule
CILC-l.
6, Upon completion of the installation of the load control equipment, a test of this equipment will be conducted at a time
and date mutually agreeable to the Company and the Customer, The test will consist of a period of load control of not
less than one hour, Effective upon the completion of the testing of the load control equipment, the Customer will agree
to a "Firm Demand", Service under Schedule CILC-l cannot commence prior to the installation of load control equipment
and the successful completion of the test.
-
7, The Customer agrees to a "Firm Demand" level of o Jew during the periods when the Company is controlling the
Customer's service, This 'Firm Demand" level shall not be exceeded during periods when the Company is controlling load,
Upon mutual agreement of the Company and the Customer, the Customer's Firm Demand may subsequently be raised
or lowered, as long as the change in the "Firm Demand" level is not a result of a transfer of load from the controllable
portion of the Customer's load. The Customer shall notify the Company upon adding firm load,
.
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
.
FROM: CITY MANAGER)1j{ 1
SUBJECT: AGENDA ITEM i K.I - MEETING OF JANUARY 12. 1993
FUNDING AGREEMENT WITH DELRAY BEACH HOUSING AUTHORITY
DATE: January 8, 1993
This item is before you to approve a funding agreement with the
Housing Authority. The agreement provides for the release of $25,000
from Community Development Block Grant funding to be used to renovate
the child care facility at Carver Estates. _This funding was allocated
during consideration of the 1992/93 budget. Under the agreement,
funding will be used to pay for labor, materials, permits and
professional service costs associated with the renovation of the child
care center. In addition, the agreement provides that the City will
provide technical assistance, in the form of, but not limited to,
preparation of work write-up, construction supervision and monitoring
for labor standards compliance.
The City Attorney's office has reviewed the agreement and approved it
as to form.
"-
Recommend approval of the funding agreement with the Housing Authority
which provides for the release of $25,000 and technical assistance
from the City in conjunction with the renovation of the child care
facility at Carver Estates.
t(emou0) r {1IJS&?1 4
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.
M E M 0 RAN DUM
TO: David Harden, City Manager
FROM: Dorothy Ellington, Community Development coordinator~
THRU: Lula Butler, Community Improvement Director
Subject: Agenda Request/Agreement for CDBG Funding of
Delray Beach Housing Authority Funding Agreement/Alpha-
Time Child Care Facility
ITEM BEFORE THE COMMISSION
This request is for Commission approval of the Agreement between
the City and the Delray Beach Housing Authority/Alpha-Time Child
Care Facility to provide CDBG funding for renovation of the
Alpha-Time Child Care Facility.
BACKGROUBD
Twenty five thousand dollars ($25,000,00) was allocated during
the 1992/93 fiscal year to assist the child care facility at
Carver Estates, This allocation was recommended through our
required Citizens Participation process and approved by
Commission during the regular budgetary process for FY92/93, The
City has provided the Authority with technical assistance in the
form of, although not limited to, preparation of work write-up,
construction supervision and monitoring for labor standards
compliance.
The Agreement has been reviewed and approved by the City
Attorney.
RECOMMEtmATION .
Staff recommends this Agreement be approved,
.
. ,
AGREEMENT FOR FUNDING AIfD ACCEPTANCE OF FUNDS
FOR RENOVATION OF CHILD CARE CENTER AT CARVER ESTATES
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
( "Agreement" ) made this day of , 1992 by and between the
City of Delray Beach, hereinafter referred to as "City" and the
Delray Beach Housing Authority, hereinafter referred to as the
"Housing Authority" is related to the provision of $25,000 in
Community Development Block Grant Funds to be used for renovation
of the child care facility at Carver Estates, These funds are
authorized per the budget approval of the City Commission on
September 22, 1992 with the following terms and conditions:
1.. DEFINITIONS
The following definitions are provided for the terms
set forth herein:
a. "CDBG" means Community Development Block Grant
program. -
b, "City" means City of Delray Beach,
c, "Program Income" means gross income received
~
directly generated, or earned from the use of CDBG funds.
Program Income includes, but is not limited to the disposition by
sale or long-term lease of real property purchased or improved
with CDBG funds.
d, IIHousing Authority" means the Delray Beach Housing
Authority,
e. "Federal Labor Standards" means provisions of the
Davis-Bacon and Related Acts (DBRA) provisions which require that
contracts in excess of $2,000 to which the United States is party
.._~_._,".'."
.
for the construction, alteration, and/or repair, shall contain
provisions with respect to minimum wages, fringe benefits,
paYments without deductions or rebates, withholding funds from
contractors to ensure compliance with the wage provisions, and
termination of the contract or debarment for failure to adhere to
the required provisions, The Related Acts are Contract Work
Hours and Safety Standards Act (CWHSSA) which mandates that work
in excess of 40 hours per week shall be compensated for at rates
not less than one and one-half times the basic rate of pay; and
-
the Copeland Act (Anti-Kickback Act) which makes it a criminal
offense for any person to induce, by any manner whatsoever, any
person employed in the construction, prosecution, completion, or
repair of any building financed in whole or in part by loans or
grants from the United States, to give up any part of the
compensation to which he is entitled under his contract of
emploYment. DBRA requires submission of weekly statements of
compliance and weekly payrolls by all contractors in a format
which meets the requirements of 29 CFR Section 5,5,
"
2. STATEMENT OF WORK
The City and the Housing Authority agree as follows:
a) The Housing Authority shall:
i) use the CDBG funds provided to pay for cost of
labor, materials, permits, and professional services, associated
with the renovation of the child care facility at Carver Estates,
.
ii) be responsible for awarding contracts through
procurement procedures in accordance with 24 CFR 85,36 and
2
. ,
provide documentation to the City as proof of compliance with
this regulation;
iii) insure proper renovation of child care
facility by providing for project supervision;
iv) insure compliance with the Davis-Bacon and
Related Acts requirement as described in 24 CFR 5 and defined in
Section I (e) of this agreement; and,
v) insure completion of work on the project as
described in Appendix A within 90 days of the date of execution
of this agreement.
b) The City shall:
i) release funds to the Housing Authority in an
amount not to exceed $25,000; upon demonstrative compliance with
the terms and conditions of this agreement, following inspection
of project and certification by City Building officials that the
work specified in Appendix A is complete and satisfactory;
ii) provide technical assistance, upon request,
in order to assist the Housing Authority in complying with the
terms of this agreement. .
Technical assistance may be in the form
of, although not limited to, preparation of work write-up,
construction supervision and monitoring for labor standards
compliance,
3. RECORDS ARD REPORTS
The Housing Authority shall submit prior to the
disbursement of CDBG fOnds the following documentation:
a) proof of compliance with section 8(b) of this
agreement;
3
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,
b) copies of all invoices submitted from General
Contractor and other vendors as necessary;
c) copies of all procurement documents including
contract documents; and,
d) other records as may be necessary to determine
compliance with this agreement.
4. PROGRAM INCOME
The Housing Authority agrees to use the funds provided
to pay the cost of materials and labor expended for
rehabilitating the child care facility at the Public Housing
complex, also known as Carver Estates, which is owned and
operated by the Delray Beach Housing Authority, Rental Income
received from the child care facility shall not be considered
program income per 24 CFE 570.500(a),
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the
Housing Authority agrees to provide copies of independent
professional audits of the Housing Authority's financial
.
activities in order to determine whether CDBG funds have been
expended as intended,
6. MONITORING
The Housing Authority agrees to make its records
available to the City in order to assure compliance with
applicable Federal and local requirements, The Housing Authority
further agrees to allow access for site visitation by Federal
Monitors as warranted.
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7. RETElft'IOR AIm ACCESS REQUIREMENTS POR RECORDS
The Housing Authority agrees to retain supporting
documentation relating to the renovation of the child care
facility for a period of three years from the date of September
30, 1993,
8. OTHER PROGRAM REQUIREMENTS
a) The Housing Authority certifies that no person
shall ,on the ground of race, color, national origin or sex, be
denied participation in the Authority's activities.
b) The Housing Authority agrees to carry out the
activity for which CDBG funds are provided in compliance with all
Federal laws and Regulations as described in subpart K of 24 CFR
Part 570, a copy of which is provided for reference and includes,
but is not limited to the provisions of:
i) the Davis-Bacon Act
ii) the Copeland "Anti-Kickback Act"
iii) Sections 103 and 107 of the Contract Work
Hours and Safety Standards Act,
.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85,43, suspension or
termination of this agreement may occur if the Housing Authority
materially fails to comply with any term of this agreement. This
agreement may be terminated for convenience in accordance with 24
CFR 85.44,
.
10. This Agreement contains all of the parties binding
representations to one another. Any amendments or modification
hereto must be in writing,
I 5
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DELRAT BEACH HOUSING AUTHORITY
1fI~SSES: ~;2~
.~ BY: V
.
~~~A{ CHAIRMAN, HOUSING AUTHORITY
BOARD OF DIRECTORS
CITY OF DELRAT BEACH, FLORIDA
BY:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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APPENDIX A
BID SPECIFICATION SHEET
DATE: NOVEMBER 11, 1992
PROPERTY OWNER: ALFA TIME CHILD CARE CENTER
PROPERTY ADDRESS: 770 SOUTHWEST 12TH TERRACE
GENERAL NOTES: DELRAY BEACH HOUSING AUTHORITY
SPECIFICATION DESCRIPTION OF ANY NUMBER IN COLUMN ONE WILL BE'
FOUND IN THE "GENERAL BID SPECIFICATIONS" BOOKLET SUPPLIED TO ALL
BIDDERS, WHEN INDICATED, THESE NUMBERS AND THEIR CORRESPONDING
DESCRIPTIONS ARE TO BE BID ON AND STRICTLY ADHERED TO,
E-l EXTERIOR DOORS
INSTALL 2 STEEL DOORS 3'0 X 6' 8", SOUTHWEST DOOR
WITH PANIC HARDWARE,
E-2 REPAIR EXTERIOR WALLS TO MATCH WHERE NEW DOORS
ARE INSTALLED,
E-3 REMOVE ALL CONSTRUCTION DEBRIS FROM PROPERTY,
CLOSETS
I-I BUILD 4 CLOSETS (SEE PLAN) 264 CONSTRUCTION WITH
1/2 DRYWALL APPLY JOINT COMPOUND OVER REINFORCING
TAPE AND FINISH NORTH WEST CLOSET, INSTALL
CLOTHES POLE 43" ABOVE FLOOR. INSTALL SHELVES
ABOVE CLOTHS POLE 36" X 12".
INTERIOR DOORS
I-2 INSTALL 4 HOLLOW CORE DOORS (SEE PLAN) 3'0 X 6' 8"
WITH LOCK SETS/VIEW WINDOWS.
PARTITION WAi.LS
1-3 INSTALL 2 PARTITION WALLS (SEE PLAN) 2 X 4
CONSTRUCTION WITH 1 5/8 DRYWALL. APPLY JOINT
COMPOUND OVER REINFORCING TAPE AND FINISH.
VIEW WINDOWS
I-4 INSTALL 4 VIEW WINDOWS IN PARTITION WALLS (SEE
PLAN) APPORXIMATEL Y 6' X 42" (2 FOR EACH WALL) ,
~
1-5 REPAIR ALL DAMAGED WALLS, PLASTER OR DRYWALL,
(SMOOTH.FINISH)
1-6 INSTALL NEW BASE & WALL CABINETS (SEE PLAN).
W/NEW COUNTER TOPS, WALL CABINETS 30" X 12"/
BASE CABINETS 24 1/2" X 24",
. ,
INTERIOR PAINT
I-7 CLEAN ALL WALLS AND WOOD WORK FILL ALL HOLES,
CRACKS AND VOIDS, PAINT ALL EXISTING AND NEW
WALLS ( 1) COAT PORTOR #767 LATEX PRIMER SEAL OR
EQUAL. FINISH WITH (2 ) COATS PORTOR fl09 LATEX
SEMI-GLOSS OR EQUAL, COLOR TO BE SELECTED BY MRS.
HARRIS INSPECTIONS BETWEEN APPLICATIONS REQUIRED,
1-8 INSTALL NEW BASE BOARD THROUGHOUT,
CARPET
I-9 INSTALL NEW COMMERCIAL GRADE CARPET W/PADDING ON
WEST HALF OF EACH ROOM. INSTALL COMMERCIAL GRADE
CARPET W/PADDING EAST HALF OF INFANTS ROOM.
P-1 INSTALL NEW SINK DESINATED AREA (SEE PLAN) LARGE
SINGLE BOWL CONNECT WATER AND DRAIN LINES.
INCLUDE ALL NECESSARY PLUMBING AND FITTINGS
INCLUDE NEW SINGLE LEVER FUAUCET, STEEL BASKET
STRAINER AND STOP,
P-2 REINSTALL EXISTING SINKS IN NEW CABINETS INCLUDE
ALL NECESSARY PLUMBING AND FITTINGS.
EL-l INSTALL NEW EXIT FIXTURE OVER NEW SOUTHWEST EXIT
DOOR, REMOVE EXIT FIXTURE OVER SOUTHEAST DOOR AND
INSTALL OVER SOUTHWEST EXIT DOOR.
ALTERNATE
I-A INSTALL NEW ACCORDION SEPARATION WALLS (SEE PLAN),
COLOR AND ~ERIAL TO BE SELECTED BY MRS. HARRIS.
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
-)11 \
FROM: CITY MANAGERbl%'
SUBJECT: AGENDA ITEM j <f;t<. - MEETING OF JANUARY 12. 1993
AMENDMENT TO THE GENERAL FUND BUDGET
DATE: January 8, 1993
This item is before you to approve an amendment to the General Fund
Budget to reflect the savings resulting from the recalculation of the
General Employees Retirement Fund. The total savings in the General
Fund is $116,183. The Budget will be reduced by $74,635 to eliminate
the use of prior year revenues. The balance of the savings, $41,548,
will be used to establish a City Manager's contingency. Surpluses in
other funds will be placed either in Contingency Accounts or Project
Reserves.
Recommend approval of the amendment to the General Fund Budget to
reflect the savings resulting from the recalculation of the General
Employees Retirement Fund.
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BUDGET TRANSFER
GENERAL EMPLOYEE RETIREMENT
ALL FUNDS
633855 456078 BUDGET TRANSFER
APPROVED %
GENERAL FUND BUDGET TOTAL OUT IN
City Manager 001-1211-512,22-10 3,550 0,56% 2,554 996
Personnel 001-1311-512,22-10 9,700 1,53% 6,979 2,721
Public Info 001-1316-512,22-10 1,650 0,26% 1,187 463
City Clerk 001-1411-512,22-10 14,520 2,29% 10,448 4,072
Support Svc 001-1501-512,22-10 3,800 0,60% 2,734 1,066
Finance 001-1511-512,22-10 26,310 4,15% 18,931 7,379
Purchasing 001-1531-513,22-10 3,680 0.58% 2,648 1,032
Warehouse 001-1532-591,22-10 2,830 0.45% 2,036 794
City Attorney 001-1611-514,22-10 5,075 0,80% 3,652 1,423
Admin Svc 001-1802-512,22-10 1,680 0,27% 1,209 471
MIS 001-1811-513,22-10 15,120 2,39% 10,879 4,241
Police Admin 001-2111-521,22-10 24,230 3,82% 17,434 6,796
Support 001-2113-521,22-10 39,450 6,22% 28,385 11,065
Investigation 001-2115-521,22-10 11,660 1,84% 8,390 3,270
Patrol 001,2117-521.22-10 11,440 1,80% 8,231 3,209
Fire Admin 001-2311-522,22-10 9,000 1,42% 6,476 2,524
cire Safety 001-2317-522.22-10 980 0,15% 705 275
?&Z 001-2511-515,22-10 26,830 4,23% 19,305 7,525
CI Admin 001-2711-521.22-10 3,640 0,57% 2,619 1,021
Building 001-2721-524.22-10 36,550 5.77% 26,299 10,251
Code 001-2741-524,22-10 28,080 4,43% 20,204 7,876
Eng 001-2911-519,22-10 7,870 1,24% 5,663 2,207
Public Works Admin 001-3111-534,22-10 3,610 0,57% 2,598 1,012
Streets 001-3113-541,22-10 9,560 1,51% 6,879 2,681
Traffic 001-3141-541,22-10 5,410 0,85% 3,893 1,517
Parking 001-3151-545.22-10 . 1,240 0,20% 892 348
Facility maint 001-3431-519,22-10 7,560 1,19% 5,440 2,120
After School 001-4105-572,22-10 1,560 0,25% 1,122 438
P & R Admin 001-4111-572,22-10 7,350 1,16% 5,289 2,061
Athletics 001.;.4121-572,22-10 2,400 0.38% 1,727 673
Beach 001-4123-572,22-10 17,940 2,83% 12,908 5,032
Tennis 001-4124-572.22-10 3,460 0,55% 2,490 970
Community Ctr 001-4125-572,22-10 3,550 0,56% 2,554 996
Veteran's Park 001-4126-572,22-10 1,590 0,25% 1,144 446
Pompey 001-4127-572,22-10 7,900 1,25% 5,684 2,216 b'
Carver 001-4128-572,22-10 1,600 0.25% 1,151 449 II .\/
Parks Maint 001-4131-572.22-10 48,440 7,64% 34,854 13,586 ,r--- u-11 if'
Cemetery 001-4511-539,22-10 3,430 0,54% 2,468 962 1 ~o cJf(Y
f{1i 0 , - I J ;p
Prior Year Surplus 001-0000-301,10-00 (14,635) ,/ -J---'E)il10i(f1rr.
CM Contingency 001-6511,519,99-02 J 41,548
.
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Law Enf 112-2172-521.22-10 1,290 0,20% 928 I 362
I,
Project Reserve 112-2172-581,99-01 .., 362
COBG Planning 118-1921-554.22-10 4,300 0.68% 3,094 1,206
COBG Rehab 118-1963-554,22-10 3,960 0,62% 2,849 1,111
COBG Contingency 118-6511-554,22-10 2,317
Beautification 119-4144-572.22-10 3,660 0,58% 2,633 1,027
Project Reserve 119-4144-572,99-01 1,02~
DOE Eng 225-2913-519,22-10 9,490 1,50% 6,828 2,662
DOE Salaries 225-2913-519,12-10 2,662
Recycling 334-3712-534,22-10 1,800 0.28% 1,295 505
Recycling-Office Sup 334-3712-534.51-90 505
W & S Admin 441-5111-536.22-10 20,350 3,21% 14,642 5,708
UTB 441-5112-536,22-10 27,230 4,30% 19,593 7,637
Wtr Treatment 441-5122-536,22-10 35,760 5,64% 25,730 10,030
Wtr Distr 441-5123-536.22-10 23,820 3.76% 17,139 6,681
Wastewater Coli 441-5141-536.22-10 16,910 2,67% 12,167 4,743
Sewage Treatmet 441-5142-536,22-10 1,890 0,30% 1,360 530
Water Maint 441-5143-536,22-10 6,940 1,09% 4,994 1,946
Liftstat Maint 441-5144-536,22-10 28,640 4,52% 20,607 8,033
W & S Contingency 441-6511-581,99-02 45,306
Stormwtr Admin 448-5411-538,22-10 1,380 0,22% 993 387
Str Sweeping 448-5416.538,22-10 5,960 0.94% 4,288 1,672
Project Reserve 448-5411-538,99-01 2,059
Garage 501-3311-591,22-10 16,990 2,68% 12,225 4,765
Project Reserve 501-3311-591,99-01 4,765
Insurance 551-1571-591,22-10 9,240 1.46% 6,648 2,592
Ins, Project Reserve 551-1575-591,99-01 .. 633,855 2,592
100,00% 456,078 103,142 103,142
~\ ' Chi- d, So Ie
\ <.J/v..JYVv'~~
JUSTlFICA TION: Transfer surplus of funds resulting from the recalculation of the General Employee Retirement.
Savings for all funds totals $177,777, Revenues in the General Fund will be reduced in the amount of $74,635 by
the offset in reductions of retirement expenditures, This will eliminate the use of prior year funds.
LQ (jJ,~~
City Manager
.---,--_...~._~
< . \
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, - BUDGET TRANSFER
GENERAL EMPLOYEE RETIREMENT
ALL FUNDS
633855 456078 BUDGET TRANSFER
APPROVED %
GENERAL FUND BUDGET TOTAL OUT IN
City Manager 001-1211,512,22-10 3,550 0,56% 2,554 996
Personnel 001-1311-512.22-10 9,700 1,53% 6,979 2,721
Public Info 001-1316,512,22-10 1,650 0.26% 1,187 463
City Clerk 001-1411-512,22-10 14,520 2.29% 10,448 4,072
Support Svc 001-1501-512,22-10 3,800 0,60% 2,734 1,066
Finance 001-1511-512.22-10 26,310 4,15% 18,931 7,379
Purchasing 001-1531-513,22-10 3,680 0,58% 2,648 1,032
Warehouse 001-1532-591,22-10 2,830 0.45% 2,036 794
City Attorney 001-1611-514,22-10 5,075 0,80% 3,652 1,423
Admin Svc 001-1802-512,22-10 1,680 0.27% 1,209 471
MIS 001-1811-513,22-10 15,120 2,39% 10,879 4,241
Police Admin 001-2111-521.22-10 24,230 3,82% 17,434 6,796
Support 001-2113-521.22-10 39,450 6,22% 28,385 11,065
Investigation 001-2115-521,22-10 11,660 1,84% 8,390 3,270
Patrol 001-2117-521.22-10 11,440 1,80% 8,231 3,209
Fire Admin 001-2311-522.22-10 9,000 1.42% 6,476 2,524
Fire Safety 001-2317-522.22-10 980 0,15% 705 275
P&Z 001-2511-515,22-10 26,830 4.23% 19,305 7,525
CI Admin 001-2711-521.22-10 3,640 0,57% 2,619 1,021
Building 001-2721-524.22-10 36,550 5,77% 26,299 10,251
Code 001-2741-524,22-10 28,080 4.43% 20,204 7,876
Eng 001-2911-519.22-10 7,870 1,24% 5,663 2,207
Public Works Admin 001,3111-534,22-10 3,610 0,57% 2,598 1,012
Streets 001-3113-541,22-10 9,560 1,51% 6,879 2,681
Traffic 001-3141-541.22-10 5,410 0,85% 3,893 1,517
Parking 001-3151-545,22-10 1,240 0,20% 892 348
Facility maint 001-3431-519,22-10 7,560 1,19% 5,440 2,120
After School 001-4105-572.22-10 1,560 0,25% 1,122 438
P & R Admin 001-4111-572,22-10 7,350 1,16% 5,289 2,061
Athletics 001-4121-572,22-10 2,400 0,38% 1,727 673
Beach 001-4123-572,22-10 17,940 2,83% 12,908 5,032
Tennis 001-4124-572.22-10 3,460 0,55% 2,490 970
Community Ctr 001-4125-572,22-10 3,550 0,56% 2,554 996
Veteran's Park 001-4126-572,22-10 1,590 0.25% 1,144 446
Pompey 001-4127 -572,22,10 7,900 1.25% 5,684 2,216
Carver 001-4128-572.22-10 1,600 0,25% 1,151 449
Parks Maint 001-4131-572.22-10 48,440 7,64% 34,854 13,586
Cemetery 001-4511-539,22-10 3,430 0,54% 2,468 962
Pnor Year Surplus 001-0000-301,10-00 (24,635)
Tennis(Other Prof Svc) 001-4124-572,31-90 3,200
Tennis(Other Rental/Lease) 001-4124-572.44-90 46,800
CM Contingency 001-P&f1,519,99-02 41,548
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Law Enf 112-2172-521.22-10 1,290 0,20% 928 362
Project Reserve 112-2172-581,99-01 362
CDBG Planning 118-1921-554,22-10 4,300 0,68% 3,094 1,206
CDBG Rehab 118,1963-554.22,10 3,960 0,62% 2,849 1,111
CDBG Contingency 118-6511-554,~ 2,317
('~' " ,.
Beautification 119-4144-572.22-10 3,660 0,58% 2,633 1,027
Project Reserve 119-4144-572,~ 1,027
","J,O
DOE Eng SE.-e. ~\c. \..\ 225-2913-519.22-10 9,490 1,50% 6,828 2,662
DOE Salaries (I ft!:, 225-2913-519,12-10 2,662
Recycling 334-3712-534.22-10 1,800 0,28% 1,295 505
Recycling-Office Supp 334-3712-534.51-90 505
W & S Admin 441-5111-536.22-10 20,350 3,21% 14,642 5,708
UTB 441-5112-536.22-10 27,230 4,30% 19,593 7,637
Wtr Treatment 441-5122-536.22-10 35,760 5,64% 25,730 10,030
Wtr Distr 441-5123-536,22-10 23,820 3,76% 17,139 6,681
Wastewater Coli 441-5141-536,22-10 16,910 2,67% 12,167 4,743
Sewage Treatmet 441-5142-536,22-10 1,890 0,30% 1,360 530
Water Maint 441-5143-536,22-10 6,940 1,09% 4,994 1,946
Liftstat Maint 441-5144-536,22-10 28,640 4,52% 20,607 8,033
W & S Contingency 441-6511-581,99-02 45,306
Storlllwtr Admin 448-5411-538.22-10 1,380 0,22% 993 387
Str Sweeping 448-5416,538.22-10 5,960 0,94% 4,288 1,672
Project Reserve 448-5411-538,99-01 2,059
Garage 501-3311-591,22-10 16,990 2,68% 12,225 4,765
Project Reserve 501-3311-591,99-01 4,765
Insurance 551-1571-591.22-10 9,240 1.46% 6,648 2,592
Ins, Project Reserve 551-1575-591.99-01 2,592 /
633,855 100,00% 456,078 153,142 153,142
JUSTIFICATION: Transfer surplus of funds resulting from the recalculation of the General Employee Retirement.
Savings for all funds totals $177,777, Revenues in the General Fund will be reduced in the amount of $24,635 by
the offset in reductions of retirement expenditures, This will partially eliminate the use of prior year funds,
$50,000 of the savings in the General Fund will be applied towards the operating expenses for the Tennis Facility due the
inclusion of Licensing Fee revenues in the approved budget.
~
!5?{L~~
City Manager
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MEMORANDUM
\
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l>fV1
SUBJECT: AGENDA ITEM i 8L - MEETING OF JANUARY 12. 1993
AUTHORIZATION TO DISMISS COUNTERCLAIM/KETTELHUT VS. CITY
DATE: January 8, 1993
This item is before you to authorize the City Attorney to dismiss a
counterclaim in the Kettelhut vs. the City of Delray Beach matter,
In December 1989, the City terminated the contract with Mr. Kettelhut
for landscape design services. Thereafter the City and Kettelhut
attempted to negotiate a final payment, but were unable to come to an
agreement as to the amount due to Mr. Kettelhut. Subsequently, Mr.
Kettelhut filed a Complaint in the Circuit Court to compel
arbitration. The City filed a counterclaim for breach of contract.
Mr, Kettelhut1s position during the arbitration was that the City owed
him approximately $90,000 over and above the $127,754 amount paid on
the contract. The total contract amount was $164,900. The difference
between the total contract price and the amount paid on the contract,
not including reimbursables is $37,146. The arbitrator awarded Mr.
Kettelhut $31,077.45, plus arbitration expenses in the amount of
$1,000.
The award is in full settlement of all claims submitted to
arbitration. The only outstanding item is the Cityl s counterclaim.
The City Attorney recommends that the City voluntarily dismiss the
counterclaim and obtain appropriate releases from Mr. Kettelhut which
will ensure that this contract matter is resolved in its entirety.
Recommend that the City voluntarily dismiss the counterclaim subject
to obtaining the appropriate releases from Mr. Kettelhut.
j1ra(J{Xff fo/77 (J;)r~
i!7oL;n & ~DU€- ~?uAM-f1
j~ 31o~
(/3117wL/t1
0;1C11 '
CUI1/79S wad/; d's5&l17f~)
~ //~/93
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,Ill.-. ^
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'f"~-,. .,--
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" ...,' 't"~..1 ;
- ...... "~-I
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[ITY DF DELIAY BEA[H DfC 29.
CITY MANAGER'S OFFICE
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
Writer's Direct Line
(407) 243-7091
Revised
MEMORANDUM
DATE: December 22, 1992
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Kettelhut vs, the City of Delray Beach
Mr, Kettelhut entered a three year contract with the City in
May of 1987 for landscape design services. The City commission
terminated the contract in December of 1989, approximately six
months prior to its expiration date, The City and Kettelhut
thereafter attempted to negotiate a final paYment; but were
unable to come to an agreement as to the amount due Mr.
Kettelhut.
Mr, Kettelhut filed a Complaint in the Circuit Court to compel
arbitration, The City filed a counterclaim for breach of
contract. The trial court stayed the proceedings on the City's
counterclaim and compelled arbitration on the amount due under
the contract. The City and Mr. Kettelhut presented the case to
arbitration in November of 1992,
Mr. Kettelhut's position during the arbitration was that the
City owed him approximately $90,000.00 over and above the
amount the City had paid on the contract. Mr. Kettelhut's
$90,000.00 demand included claims for unapproved scale changes,
revised plans, extra governmental meetings and professional
liability insurance reimbursements, Mr, Kettelhut also asked
for prejudgment interest on the amount,
The total contract price was $164,900,OO, The City paid
$127,754,OO, not including reimbursable expenses, prior to the
termination of the contract, The difference between the total
contract price and the amount paid on the contract , not
including reimbursables, is $37,146,OO, The arbitrator awarded
Mr, Kettelhut $31,077,45 plus arbitration expenses in the
amount of $1,000,00 to Mr, Kettelhut, The award itself was
approximately $6,068.55 less than the full contract price,
, '
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City Commission
December 22, 1992
Page 2
The award is in full settlement of all claims submitted to
arbitration, There remains outstanding however, the City's
counterclaim for breach of contract, It is our offices
recommendation that the City voluntarily dismiss the
counterclaim and obtain appropriate releases from Mr. Kettelhut
which will ensure that this cotnract matter is resolved in its
entirety,
By copy of this memorandum to the City Manager, David Harden,
our office requests that the matter of dismissing the
counterclaim in this case, be placed on the January 12, 1993
City Commission consent agenda for City Commission
consideration,
Please call me if you would like to discuss this matter
furt~/
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cc David Harden, City Managervf
Joe;S~ford, Director of Finance
Lee Graham, Risk Manager
Lula Butler, Director of Community Improvement
Nancy Davila, Horticulturist
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
.
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ~M - MEETING OF JANUARY 12. 1993
OBJECTION TO COUNTY PROPOSAL RE. COUNTY WATER SERVICE FOR
COUNTRY CLUB ACRES
DATE: January 8, 1993
This item is before you to authorize staff to formally object to the
County's proposal to provide water service within the City's planning
area (Country Club Acres). .
There are two efforts currently pending which seem to be in conflict
with this proposed initiative. First, the County Planning Office is
processing a request from the City which would make the City's Future
Land Use Map applicable in the Planning and Service Areas i and,
transfer power to the City with respect to land use, zoning, building
and code enforcement matters, Secondly, the Board of County
Commissioners is reviewing an "Annexation Incentive Program" which
reduces the cost for water services to property owners when the
objective of annexation may be realized. A detailed staff report is
provided as backup material for this item.
Recommend staff be authorized to formally object to the County's
proposal to provide water service within the City's planning area
(Country Club Acres),
H(fr-
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
\
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FROM: D VID J, KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 12, 1993
OBJECTION TO COUNTY INITIATIVE REGARDING PROVISION OF
WATER SERVICE WITHIN THE CITY'S PLANNING AND SERVICE
AREA
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reqisterinq an objection to the Board of County
Commissioners with respect to an initiative by a County
Utilities District to provide water service to territory
within the City's designated planning and service area.
The specific situation is with respect to that portion of
the Country Club Acres subdivision which lies west of
Military Trail, between Atlantic Avenue and Linton
Boulevard.
BACKGROUND:
Attached is a letter and a request to petition for water service
which was provided to property owners in Country Club Acres.
While the reasoning behind the effort to provide water is sound,
a problem arises thAt this territory is within the City's
designated planning and service area.
There are two other efforts which also seem to be in conflict
with this initiative. First, the County Planning Office is
processing our request that the City's Future Land Use Map be
applicable in the Planning and Service Area and that there be a
transfer of power with respect to land use, zoning, building,
and code enforcement matters. By having County Utilities
provide services within this same area (when it is possible that
the City also provide such services), the long term objective of
this project (transfer of power) is thwarted.
.
Second, the Board of County Commissioners is reviewing an
"Annexation Incentive Program" through which either a 50/50
split or a 1/3rd sharing of construction costs is made available
to property owners when the objective of annexation may be
realized. Mention of this program is not provided in the letter
from County Utilities.
, ,
I
city Commission Documentation
Objection to County Initiative Re Provision of
Water Service Within The City's Planning and Service Area
Page 2
Apparently there is a lack o~ communication among the several
County Departments which are involved in these various efforts.
In order to ensure that the complete range of information and
options are provided to the property owners in Country Club
Acres, the following is recommended:
1. That the City Commission forward this report to the Board
of County Commissioners,
2, That the Board be asked to direct its appropriate staff to
inform property owners in Country Club Acres of the
potential "Annexation Incentive Program" and any cost
savings which might be realized through it,
3, That the Board be asked to direct its appropriate staff to
present the option of annexation in as positive~light as is
the issue of changing from wells to central water service.
4, That the Board be asked to direct its appropriate staff to
recognize the adopted Comprehensive Plan of Delray Beach,
the existence of service areas, and its goals prior to
initiating programs for the extension of services into
urban areas, And, that unless a change is made to such
Plans and goals that such encroachments are not to occur,
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
specific situation; however, the recommendations presented above
are consistent with the City's planning philosophy, recent
actions endorsed by the Board, and our Comprehensive Plan.
.
RECOMMENDED ACTION:
By motion, direct the Administration to forward this report to
the Board of County Commissioners and for the City Manager to
immediately contact the District IV Representative and the
District V Representative with respect to the scheduled
presentation on January 14, 1993.
Attachment:
.
* Water Utilities Department letter of December 23, 1992
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, , County Adminish'iltor
Bcard of County Commissioners
Karen T. Marcus, Chair Robert Weisman
C'"role PhilJips, Vice Chair
Carol A. Roberts Water Utilities Department
Carol J. Elmquist
., McCarty
~..... L Foster
Maude Ford Lee
December 23, 1992
KOVACS DAVID J Ii PAMELA J
5055 GARFIELD RD
DBLRAY BEACH PL
334844231
SUBJECT: COUBTRY CLUB ACRES, ASSBSSDft PROGRAK PROJECT
FILE: WOOl 92-118
Dear Property Owner: 00424623030006630
Many of you have shown a need to have county water mains and
service lines extended to serve your property. When Country Club
Acres was originally developed in 1953, the developer was not
obligated to provide water service to your lots. Tax dollars do
not pay for the extension of water mains and sewer lines in pala
Beach County. However, according to Ordinance 91-41, if most
property owners in a given area officially petition to have such
service, the county will consider the feasibility of a project,
The'Board of County Commissioners (BCC) may then elect to provide
the service, through a Public Hearing.
The total cost of the proposed project is then proportionately
assessed against each benefitted parcel, Individual assessments may
be paid in ten annual installments with ten percent (10%> simple
interest, accruing on the unpaid balance as shown in the enclosed
"Schedule of Payments." This is equal to a bank loan of 8,95%. We
also provide an option for interest free payment, if payment of the
entire assessment amount occurs within 30 days after you receive
official notification of completion of the project. There is no
pre-payment penalty for paying off your assessment balance early.
The estimated cost to provide the service quoted on the attached
petition form is subject to adjustment (usually downward) after the
receipt of bids for construction of the project. The BCC will
determine your actual cost (individual assessment) at a Public
Hearing, We will invi te you to attend said Public Hearing by
regular mail and published legal notices.
If the project is approved, the County will place liens on all
benefitted properties, pending satisfaction of the individual
assessment balance 'per parcel, At least 241 of the 471 property
owners in your area must sign the pink petition fOnD and return it
in the enclosed envelope before the Bee authorizes a public
hearing.
"An Equal Opportunity - Affirmative Action Employer"
@ ptinllld on (<!Cycled _ Box 16097 West Palm Beach, Florida 33416,6097 (407) 641-3429 FAX (407) 641.3447
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If the BCC approves the project, 100% of the property owners will
be assessed their proportionate share of the cost to complete the
job, whether they endorse the petition or not. Your assessment
covers the cost of design and construction of the proposed water
distribution system, (hydrants, fittings, etc.) including services
to your property at the street, The assessment cost does not
include the connection fee, water meter installation charge, meter
deposit, new account charge, accumulated monthly Guaranteed Revenue
charges, nor the cost of plumbing required to connect your house to
the point of service (i.e., the water meter) at your property line.
The current meter installation charge is $55, The current meter
deposit is $60 and the present new account Charge is $10. The
meter deposit is refundable with interest after 2S months of
service, The meter deposit ($60) & new Account charge ($10) are
included with your first monthly water bill. An average family
will use 6000 to 8000 gallons of water per month, resulting in an
average mon~hly water bill of $12 to $14.
Currently, the one time "Water Only" connection fee for a standard
single family home is $600. The connection fee is basically an
impact fee. For every single-family-home that connects into our
system, we must make a $600 improvement to the general utility
(treatment plants, pumping stations, storage tanks, etc.) so that
you will not experience an added cost adjustment to your bill to
provide these necessary improvements in the future, All of the
above fees do not a~'Plv until YOU reauest to have a water meter
installed. These fees must be paid at the time of your application
for water service as they are not part of your assessment amount.
Contrary to popular belief, the Water Utilities Department (WUD)
does not have the authority to force you to connect to the water
distribution system upon its completion.
If yOU should decide to connect. a monthly Guaranteed Revenue Fee
of $5.50 will have accrued for each month from November 1, 1991
until the month or your connection, for a maximum of 84 months. As
with the Connection Fee. the · one time · accumulated Guaranteed.
Revenue Fee does not aooltv to those individuals who do not connect.
It is not due until YOU are ready to have a water meter installed.
The Guaranteed Revenue Fee which is currently $S, 50 ~r month, pays
for our cost of maintaining unused but useful water plant and water
main capacity for your property during the time in which you were
not connected. For example, if you are not presently an on-line
customer and you decide in September - 1993 to request a meter,
your "one time" Guaranteed Revenue Fee (portion) would then amount
to $121,OO - $5.50 per month X 22 months since November 1, 1991.
~l fees and charges are in effect as of this date, and may change
with the approval of the BCC. Also, the above charges reflect
"Water Only," for "Single-Family-Homes."
Still, in order for our Department to proceed any further, at least
51% (241 of 471) of the affected property owners must sign and
return the attached pink final petition form.
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Naturally, improving a neighborhood with such amenities as water
& sewer service, paving & drainage, street lighting, etc., will
increase the marketability of the properties involved. Often, the
availability of fire hydrants will reduce fire insurance premiums.
Also, you may want to consider the maintenance, operation, and
replacement cost of your present water treatment system. The
expense of salt and other additives needed to help soften your
water is not only a perpetual hassle but exchanges the calcium and
magnesium in the water for sodium. Many people have excess levels
of sodium already in their diets, but frequently need the calcium,
magnesium and other nutrients naturally found in tap water.
Your water pump operates on electrical power. This electrical
power is periodically used to keep the pump primed, even when you
are not using it. North Miami was spared the complete devastation
of Hurricane Andrew. Still, most residents in that area were
without electr.icity f~r days, And as you know, anyone on a p~ivate
well system who is without electrical power, is consequently denied
the convenience of precious water,
Eventually your entire pump/well system will need to be replaced.
In fairness to yourself, I suggest that you balance the expense of
such an undertaking against the above outlined assessment costs in
your decision making process,
If you find your well water satisfactory for drinking (potable),
consider the projecte~ population for our area and its affect on
private wells in the near future, As the population increases,
private well quality decreases. There are 865,500 people in our
county, By the year 2000 the population is projected to increase
32% to 1,150,000. Pesticides, fertilizers and other ' toxic
substances can inadvertently go into your private potable system.
Palm Beach County has a Well Field Protection Ordinance that
preserves its water supply from such intrusions.
Do not overlook the hidden cost of replacing plumbing fixtures
damaged by rust and hard water, Many people experience
discoloration of hair, s~in, and clothing due to poor well quality,
Larger amounts of soap, laundry detergent, shampoo, etc, must be
used to make a decent lather,
Please be aware that our water is safe and wholesome, I f this
project is done, you will not need to use additional filtering.
Still, some people will opt for granular activated carbon under-
sink filters to further improve the taste of their tap water. This
results in a flat, unpleasant-tasting water, lacking in important
nutrients. Also, these units are not problem free. Carbon filters
can allow large numbers of bacteria to grow on them unless the
filters are properly maintained. If the carbon cartridge is not
replaced as necessary, high levels of previously absorbed compounds
can be released into the water. The water filtration industry is
not subject to federal or state regulations, Conversely, our
trained laboratory technicians are required to report monthly water
sample analysis to the DER for your safety and peace of mind.
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In the event that this proposal is approved, I am happy to inform
you that you may keep your well for watering your lawn and other
outdoor chores; a monthly cost savings of about 70\. My only
intention here is to truthfully inform you of the full spectrum of
financial facts necessary to making a consciously sound evaluation.
I hope that you will approach this proposal with an open mind and
thoughtfully weigh all your options.
Remember, the decision for WOO to proceed with the project is
ultimately yours. This is a democratic process; WUD does not have
the authorization to present this matter to the BCC until you - the
property owners - support the proposal by 51\ or better. If you
favor the idea of bringing a water distribution system to Country
Club Acres, simply sign the pink petition form and send it back in
the enclosed envelope we have provided (postage required).
If enough property owners endorse the petition, we will assume the
respon3ibility of conducting the field survey, design drawing,
permitting, putting the project out for competitive bid and
coordination of construction. This process will take about 10 to 12
months from the time that your area reaches 51\ support or better.
We will videotape Country Club Acres prior to construction, and all
affected roadways, driveways and grass areas will be renovated to
the same or better condition than before. Of course all work will
be conducted within County right-of-way or utility easements. If
you would like to inspect any of our completed projects, please
contact me for a listing.
I realize that you probably have many questions that I have not
answered herein, Therefore, I encourage you to attend our
informational meeting scheduled as follows:
Date: 'J!lIC1RSDAY, JANUARY 14, 1992
Time: 7:30 P.M. TO 8:30 P.M.
Location: DBLRAY COlllfUNITY CBN'l'BR (gymnasium)
50 N. W. PIRST AVBNUB, (just nortb of Atlantic Ave.)
In the mean time please Jeel free to call on me whenever I can be
of further assistance (my card is enclosed). We sincerely thank
you for giving us this opportunity to be of service to you. Our
staff will constantly strive to earn your continued confidence.
Respectfully:
CaW~@'Aad~
Ed Bradley, Assess nt Coordinator
Engineering Division, P,B.Co. Water Utilities Department
cc: Paul Feldman, P~E., Project Engineer
Harvey Gordon, Admin, Asst" Dist, .5
Allen Webb, Assessment Coordinator, Engineering Dept.
Rick Culverson, Environmental Specialist, Health Dept.
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PINAL PBTITION
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OFFICB USB ONLY.
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Ildward BrMl-r, Aa__~ coord1Da~
I'abi Beach CoaD'ty ".'tar ftiliu.. o.pan:.ea~
1',0, lax 11109'7 (2065 Prairie BDM)
...~ I'.la Beacll, P10rida 33615-6097
I'boDe' (607) 561-3629 1Xt, 3389
PftITIOII lOR or:BBmlJC'rIOII 0., 1IATBR 1lADr8 AlII) SBIlVICI: LDIII8
1O:'rB APPLICAIILB Dru~4D11C1:8
'1'0: BOARD 01' COUNTY COMMISSIONERS '.
01' PALK BBACB COOR'rY, I'LORIDA
W, 'l'BB tnmBRSIGNBD OWNERS 01' PROPERTY IR COtJR'l'RY CLUB ACRB8, (WOO, 92118), See,
23, Twn, 46, Rg.. 42, which i. located out.id. the corporate limits of any city,
town or municipality in Palm Beach county, Plorida, do hereby re.pectfully
petition the Board of County cammis.ioner. a. follows:
1. COn.truct WATER MAIRS AND SERVICE LINES
2, To require plan., .pecification. and ..timates of cost of INch
improvements to be made and placed on file in the Offic. of the wat.r Utilities
Director.
3. To ass.ss 100\ of the entire cost of making such improvements, said
assessment to be applied to each benefitted lot or parcel based on the front
footaae thereof. The estimated cost per front foot is 528.53
4, To make ass.ssment. for the cost of such improvements payable over a
period of 10 year., The c.rtificat. shall b.ar interest at a rat. not gr.at.r
than 10 percent per annum.
BSTDlATBD 008'r '1'0 OIIIIBR:
85.00 28.53 . 2425.05
Pront pootag. COst/pront Poot Estimated COst
We recognize that the determination of speci.l .ssessment. will be mad. by the
board of County COami..ioner. at a public hearing, and we agree to be .....sed
for 100\ of the .ctual co.t fOl con.truction of the improvement. including other
allowable incidental costs connected therewith,
DJIB: KOV&C8 DAVID J & pallln'.a. J
IDlTT.IR(J .nnltKSS: 5055 caRI'DLD RD
DJILBU BDCII I'L
334844231
PROPBRT!' DBSCllIPTZOBI 00424623030006630
COOHTRY CLUB ACRES NO 5
LT 663 & E 30 FT OF LT 664
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SIGNATURB (S) :
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NAME: KOVACS DAVID J & PAMELA J DATE: 12/22/92
ADDRBSS: 5055 GARFIELD RD
DELRAY BBACH FL
ZIP: 334844231
"SCHEDULE OF PAYMENTS"
BASED ON ESTIMATE PRIOR TO COMPETITIVE BID FOR:
COUNTRY CLUB ACRES
WATER MAIN EXTENSION ASSESSMENT PROGRAM PROJECT
PALM BEACH COUNTY WATER UTILITIES DEPARTMENT
TEN (10) YEAR INSTALLMENT PAYMENT PLAN
ANNUAL INSTALLMENT PAYMENT SCHEDULE
DECLINING PAYMENT SCALE
SIMPLE INTERBST LOAN
ORIGINAL ASSESSMENT AMOUNT: $2,425,05
ANNUAL INTEREST RATE: 10\
t OF INSTALLMENT PAYMENTS: 10
PRINCIPAL INTEREST TOTAL BALANCE or
YEAR PAYMENT INSTALLMENT INSTALLMENT PAYMEN'l' ACCOUNT AJ"TBR
NUMBER NUMBER DUB DUB DUB PAYMENT
1 1 242.50 242,50 485,01 2,182.54
2 2 242.50 218.25 460.16 1,940.04
3 3 242.50 194.00 436.51 1,697.53
4 4 242.50 169,75 412.26 1,455.03
5 5 242.50 145.50 388,01 1,212.52
6 6 242,50 121.25 363.16 970.02
1 7 242,50 97.00 339,51 727. S1
8 8 242.50 72.75 315.26 4S5.01
9 9 242.50 48.50 291.01 242.50
10 10 242.50 24,25 266.76 0,00
------------- ------------- --------------
TOTAL : 2,425.05 1,333.78 3,758.83
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YOU HAVE SEVERAL OPTIONS WHEN YOU CHOOSE TO USE THIS PAYMENT PLAN
1, YOU CAN TAKE THE INSTALLMENT PAYMENT PLAN FOR THE ENTIRE TEN YEAR PERIOD
OR
2. YOU KAY PAY THB ACCOUNT OFF IN PULL AT ANYTIME YOU WISH, PAYING ONLY
THE INTEREST THAT HAS ACCRUED ON THE ACCOUNT THROUGH MONTH OF PAYMENT
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [1',1
SUBJECT: AGENDA ITEM i 8 IV' - MEETING OF JANUARY 12. 1993
EMERGENCY REPAIR
DATE: January 8, 1993
This item is before you to approve the award of bid to Ocean Bay
Construction, Inc. in the amount of $18,475 for the emergency
installation of a new eight inch water main to connect Sabal Lakes
Subdivision with Rainberry Bay.
Ocean Bay is one of the City's emergency contractors. The water main
connection was necessary in order to improve the water quality and
pressure at Sabal Lakes. In order to maintain acceptable water
quality, we were having to leave a fire hydrant open to maintain a
constant flow of water through a long, dead-end water main.
Recommend approval of the award of bid to Ocean Bay Construction, Inc.
in the amount of $38,475; with funding from Water and Sewer - Water
Mains (Account No. 441-5161-536-63.50), for the emergency installation
of a new eight inch water main to connect Sabal Lakes Subdivision with
Rainberry Bay.
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CITY of DELRAY BEACH
PUBLIC UTILITIES DIVISION
NOTICE TO PROCEED
With
EMERGENCY REPAIRS
BID #92-17
(COMMISSION APPROVAL MARCH 10, 1992)
DATE: 12/15/92
TO: Ocean Bay Construction, Inc,
ADDRESS: 2200 N,W, 16th Street
CITY/STATE: Pompano Beach, FL 33069
Description of Repairs: Install new 8 inch water main to connect
Sabal Lakes subdivision with Rainberry Bay. This is needed to improve
water quality and pressure at Sabal Lakes.
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Bid Amount: $38.475.00 . ...J J V"'"
Completion Date: January 1. 1993
In accordance with Bid #92-17, you are hereby notified to proceed with
the above described repairs, per instructions from the Public
Utilities Division, A confirming purchase order will be forthcoming.
. I)~,:, \)
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I /,,-!, 1,,'-; '""_ ---,
CITY MANAGER ,
City of Oelray Beach
1. - Ocean Bay = $38,475.00
2, - W. Jackson & Sones = $41,590.00
3. - Johnson-Davis = NO BID
4. - Belvedere = Contacted our office on 12/14/92 @ 10 am to inform us that they could not bid
on any of our jobs anymore due to recently filing bankruptcy.
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J) E c: - 1 4 - ':;' 2 t'1 0 N 16:52 PARCE I:s. P I ,_~:So P.02
l
SABAL 11L~IN3:gRi\Y
W A TEll MAIN IMPROVEMEN"iS
Pl\O~JC:CT No. 9 :.-1 ,~ 0 0 9
BID SH~E::'r
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t;f>ClilPTIt.W UNIT EST. Ulj IT PR I C{i E~TIMAHD lOTAL
on,
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Crdiling
2, 8- OIP-\,IC L.F. ..00 gl--'"
3. 8" . O. ~et Tap e.... 1 3 ,_.-;:<{ hI) l-Y'
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4, 6-. ,. Yet Tap U. 1 oy'
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6. ::xGote Valvo ~___, fA, _' ~f C71 V _.!tIJV
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7, 6",.. to- led.tcel' E.... \ O'""D .3
Fitting. I "I~. loS, \ cI,:..- D'"
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WI-TEl Inctder,tal I(t.ns not lhited (such I,~: tllstinll, laiT.pllnll, certification,
.tc.) .hilll b. f('M;luded tn gile of the Ite.-'~ "boye.
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T0T~t, BID \I'"i'EH$ 1 'to 11) '2" ,,-t--
$ -- ,.- ~/-"-~' ,~-
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$ --~--
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Tom .'D in word.. ~~. " ".j,it;il-. 'k- (f.f:L,1..~"'''''i3- . ;/'
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AU'l'IIClfl, TZl!:O :; JGNt-.T~JfU~; __ __ '- - _~) ..~--:1<- -4'-0<:: _ ~a(}O' ~~ :/ ~____,__~_____
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DEC::-1.::j-l'j92 16:31 FF'CiI" '3733060 Tel 1-10':'].;.j '37068 P.02
SABAL I RAINBERRY
WATER MAIN IMPROVEMENTS
PROJECT No. 93-009
BID SHEET
... ~ ...... -
DESCRIPTJOW UlllT EST. UMlT PRIce. ESTIMATED TorAl
.- QTY.
1. Clelu'ing I. L.S. , 1,500.00 1,500.00
GIUbing .
2. S. DIP-\oM lo F. 400 48.00 19,200.00
~.
3. s. x a. ~et Tap EA. 1 3,500.00 3,500.00
- -
4. 6. x 6. Yet TIIp EA. 1 2,300.00 2,300.00
-
5. 8. Cate Valve C. EA. 1 450.00 450.00
8DX
6. 6. Gate Valve I. EA. , 390.00 390.00
BOll ."
-
T. Bit X 6" RedAc:er EA. , 250.00 250.00
8. fittings' Misc. loS. 1 2,500.00 2,500.00
-
9. Concrete Sidewalk loS. , 800.00 300.00
.. brivc.~aLADron "
'0. A~phalt Patch l.S. t 1,200.00 1,200.00
11. Trees, H~es, I. loS. 1 9,500.00 9,500.00
Plants, Sod - -...
I~T"L BI~' $41,590.00 J
- ~-.. ,.
NOTE: In,ldlntll items not listed (such as: testing, slmplin~, certificatIon,
etc.) shall bg included In one: of th. Items obQve.
'fOTAL BIP (ITEMS 1 'fO 11) $ 41,590.00
---
Doll~r~
$ .00
Cent~
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COI1I?AN"! NAME: . ~. Jack~Cl!l &. Sons "Construction CompanY. .-.. .---
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MEMORANDUM
.
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {/!V'l
SUBJECT: AGENDA ITEM # ~O - MEETING OF JANUARY 12. 1993
CHANGE ORDER NO. l/WYNN AND SONS. INC.
DATE: January 8, 1993
This is a change order which modifies the contract commencement and
completion dates for the Lift Station No.. 86 project. Because of
delays by the Palm Beach County School Board, in constructing off-site
improvements, Wynn and Sons, Inc. was unable to start the project on
time. The revised contract completion date is August 17, 1993. No
additional funding is required as a result of this change order.
Recommend approval of Change Order No. 1 to the contract with Wynn and
Sons, Inc. which changes the contract completion date to August 17,
1993.
\
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E ECKLER ENGINEERING
CONSUL TING CIVIL ENGINEERS
January 4, 1993
215.C3
Mr. George Abou-Jaoude
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FI 33444
Dear Mr. Abou-Jaoude:
Reference: Replacement of Lift Station No. 86
Contract Modification Number 1
Project No. 91-075
Enclosed are five (5) signed copies of Contract Modification No.1 for the above referenced
project. These copies are for your further processing through the City Commission.
This Contract Modification is for a time extension for the replacement of Lift Station No.
86. The Palm Beach County School Board has delayed the construction of the gravity
sewer main within Barwick Road at the new Middle School. These delays were a result of
Florida Power & Light not being able to relocate their utilities in a timely manner due to
Hurricane Andrew. This time extension should allow for the proper construction of this
lift station without further delay.
Please have all necessary copies of this Contract Modification signed by the appropriate
City personnel and return one copy to Wynn & Sons Environmental Construction Co., Inc.
and one to Eckler Engineering for our files.
If you have any questions or re.ijuire additional information pertaining to this Contract
Modification or the project in general, please do not hesitate to contact me.
Sincerely,
~A.~
Donald A. Eckler, P.E.
Encl.
.
215C3.026
9381 WEST SAMPLE ROAD. CORAL SPRINGS, FL 33065 305n55-1351
Printed on Recycled Paper
'.
, -
(6@~ii~~(6ii Utl@[IDO[FD(6~iiO@~ DATE: 1-4-93
(CHANGE ORDER) PROJ NO : 215.C3~ 91-075
CONTRACT MODIFICATION NO : 1
OWNER : City of Delray Beach
PROJECT NAME : Replacement of Lift Station No. 86
CONTRACTOR : Wynn & Sons Environmental Construction Company, Inc.
THE FOllOWING MODIFICATIONS TO THE CONTRACT ARE HEREBY ORDERED:
The Palm Beach County School Board has delayed the construction of the
gravity sewer within Barwick Road and the wideninq of Barwick Rnnn AT
the new Middle School due to delays in the relocation of other utilities
caused by Hurricane Andrew. The installation of this new qravity
sewer is necessary before the Replacement of L.S. No. 86 can he
completed. This delay requires an extension in the cnnrrn~T Tim~
There is no change in the dollar value of this contract.
CONTRACT AMOUNT. CONTRACT TIME (CALENDAR DAYS)
------------------ - - - - - - - - - - - - - - - - -.
OrIgInal $ 63,000.00 OrIgInal 170 Days
Prev I ous Change, Orders (+/-) $ 0.00 Pr~vlous Change Orders (+/-) 0 Days !
ThIs Change Order (+/-) $ 0.00 ThIs Change Order (+/-) 70 Days
Revised Contract Amount $63,00'0.00 RevIsed Contract Amount' 240 Days
RevIsed Contract CompletIon Date: August 17 . 19 93
I
o H N E R CON T R ACT 0 R E N GIN E E R
----------- ----------- -----------
Address : 100 NW 2st Ave: Address : 3944 Holden Lane Address : 9381 W. Sample Rd.
Delray Beach, Fl 33444 Lake Wbr~~l~ Qoral ~rinq". Fl lln6'
By :
By: ~ ~ By: ~A.~,
Date: Date: ;j s:J ~.3 Date: II ~/93
~ ECKLER ENGINEERING Sheet 1 of 1
---,~._--_._._"
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MEMORANDUM
.
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m
SUBJECT: AGENDA ITEM # 8P - MEETING OF JANUARY 12. 1993
REJECTION OF BIDS/SANITARY SEWER SYSTEM REHABILITATION
DATE: January 8, 1993
This item is before you to reject the bids received on the Sanitary
Sewer System Rehabilitation project. Staff.received two bids for this
project; one bid was considered non-responsive and the other exceeded
the engineer's cost estimate for the project. Staff is requesting
authorization to modify the RFQ and re-bid the project.
Recommend rejection of the bids received on the Sanitary Sewer System
Rehabilitation project and authorization to re-bid the project.
,,,,*w \.
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.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS .
FROM: CITY MANAGER!7~'1
SUBJECT: AGENDA ITEM # ~ Q. - MEETING OF JANUARY 12. 1993
DEDUCT CHANGE ORDER AND REOUEST FOR FINAL PAYMENT/DUTCH
CONSTRUCTION COMPANY. INC.
DATE: January 8, 1993
This is a deduct change order in the amouJ2.t of $59,021.56 for final
plus/minus as-built quantity adjustments to the unit price contract
for the Atlantic Avenue (1-95 to Swinton) Beautification project.
Additionally, we have received a request from Dutch Construction
Company for final payment in the amount of $21,013.48. Staff has
reviewed the project and has found it to be satisfactorily complete,
Recommend approval of deduct Change Order No. 1 in the amount of
$59,021.56 and the request for final payment from Dutch Construction
Company, Inc. in the amount of $21,013.48 for completion of the
Atlantic Avenue (1-95 to Swinton) Beautification project; with funding
from Decade of Excellence Bond Issue - Atlantic Avenue Beautification
- 1-95 to Swinton (Account No. 225-4141-572-61.49).
-.- ..
.
CITY 07 DELRAY BEACH
CHANGB ORDER TO ORIGINAL CONTRACT
'HANGE NO. 1 (final) PROJECT NO. 91-60 DATE:
iROJECT TITLE: Atlantic Avenue Beautification Project
NW 12th Avenue to swinton Avenue
TO CONTRACTOR: Dutch Construction Co., Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final As-Built plus/minus adjustments to Contract per Attached Schedule 'A' based on
field measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $246,795.32
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $246,795.32
COST OF CONSTRUCTION CHANGES THIS ORDER $-59,021.56 *
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $187,773.76
PER CENT DECREASE THIS CHANGE ORDER 0 ,
--
TOTAL PER CENT DECREASE TO DATE -24 ,
- -
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for Dutch Construction Co., Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department .225-4141-572-61.49 is funding source
Memo for purchasing: Contract is per P.O. #510587 for $225,457.09. Actual credit from
P.O. #510587 is $37,683.33 ($225,457.09 - $187,773.76).
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND. '. f1!Jk tCi" '- , ;, II "- By;
Thomas E. Lynch, Mayor
Ralph E ayden, City Engineer
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ATTEST:
,.PPROVED: By:
City Attorney City Clerk
.
Environmental Services Department
CITY OF DELRAY BEACH
Schedule "A"
Change Order " (final)
Project No. 91-60
Project Name: Atlantic Ave Beautification
NW 12th Ave to Swinton Ave
Contractor: Dutch Construction
Item Unit Contract As-Bufl t +/- C.O. Totals
No. Description Unit Price Qty Quanti ty Quant ity
---....---.--------------...--.---------------------------.-----------------------..-------------------------------------------------.
Original Contract
1 Demolition and disposal of exist conc s'walk SY $2.13 4828 3754 - 1014 ($2,281.62)
2 12" C~cted Subgracle SY $0.91 4828 3821 '1007 ($916.31>
3 4" Shell rock Base SY $3.80 4078 3081 ,997 ($3,788.60)
4 Concrete retaining curb (12") Lf $5.84 11200 0 -11200 ($65,408.00)
Concrete retaining curb (12") - no steel Lf $5.64 0 3507 3501 $19,179.48
Concrete retaining curb CT") - no steel Lf 4.24 0.00 8238 8238 $34,929.12
5 Paver block sidewalk Sf $2.44 36500 27525 - 8975 ($21,899.00)
6 Demolition of existing cone curb & driveways SY $2.28 150 157 1 $15.96
7 Type "f" curb and gutter Lf $9.23 200 299 99 $913.11
8 fill and grade landscape strip CY $9.84 600 90 -510 ($5,018.40)
9 Sod landsc.ape strip SY $1.33 1500 1813 313 $416.29
10 Adjust valve box to finish grade EA $24.60 16 10 -6 ($141.60)
11 Furnish and install 4" PVC conduit IF $4.92 950 669 -281 ($1,382.52)
12 Furn and install 4' x 4' conc pull box EA $1,230.00 3 2 -1 ($1,230.00)
13 Open cut pavement repa i r LF $9.23 200 83 -117 ($1,079.91)
14 Maintenance of traffic LS $9,225.00 1 1 0 $0.00
15 Testing Lab Allowance LS $7,500.00 1 0.50 '0.50 ($3,749.00)
16 Video Recording Allowance -LS $3,000.00 1 0.33 -0.67 ($2,000.00)
17 I ndennif ication LS $10.00 1 1 0 $0.00
--------------------------..---
Subtotal Items 1-17 (552,852.40)
18 Demolition & removal of existing pavement SY 52.13 735 488 -247 (5526.11)
19 12" CClq)Icted Subgracle SY $0.91 735 488 -247 (5224.11)
20 4" Shell rock B..e SY 53.80 270 152 -118 ($448.40)
21 8" She II rock Base SY 55.n 465 300 -165 ($943.80)
22 Concrete retaining curb (12") Lf $5.84 200 0 -200 ($1,168.00)
Concrete retaining curb (12") - no steel Lf 55.64 0 181 181 $1,020.84
Concrete retaining curb CT") . no steel Lf 4.24 0 201 201 $852.24
23 Paver block surface SF $2.44 6000 4061 -1939 ($4,731.16)
-----------------------------
Subtotal Items 18-23 ($6,169.16.
--------------.
Total net deduct chonge order " (final) (559,021.56)
zaaa==:========
__m_~ " ,---+,
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt/7V'l
SUBJECT: AGENDA ITEM # ZR - MEETING OF JANUARY 12. 1993
CHANGE ORDER NO. 4/MOLLOY BROTHERS. INC.
DATE: January 8, 1993
This is a deduct change order in the amount of $74,515.78 for final
plus/minus as-built quantity adjustments tc the unit price contract
and miscellaneous changes to the original contract for the N.W.
Drainage Outfall project.
Staff has reviewed this project and found it to be satisfactorily
complete.
Recommend approval of deduct Change Order No. 4 in the amount of
$74,515.78 to the contract with Molloy Brothers, Inc. for the N.W.
Drainage Outfall project.
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I
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 4 PROJECT NO. 91-64 DATE:
PROJECT TITLE: NW Drainage Outfall - NW 2nd st from NW 3rd Ave to E-4 Canal
TO CONTRACTOR: Molloy Brothers, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION: Closeout Change Order for original Contract (NW 3rd Ave to E-4 Canal),
Change Order #1 (American Legion parking lot), Change Order #2 (additional sidewalks) and
Change Order #3 (NW 3rd Ave from Atlantic Ave to NW 2nd st). Final adjustments are based
on actual as-built field measured quantities per Schedule "A" attached.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 778,075.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 363,985.47
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,142,060.47
COST OF CONSTRUCTION CHANGES THIS ORDER $ ( 74,515.78)
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,067,544.69
PER CENT DECREASE THIS CHANGE ORDER 10 ,
- -
TOTAL PER CENT INCREASE TO DATE 37 ,
- -
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
for Molloy Brothers, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department
447-5174-536-61.78 - $13,000.00
447-3161-541-61.39 - $59,677.00
225-3161-541-61.39 - $ 1,838.78 .,
FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA by its City Commission
(>'/7Yi I J,/ / ~ ~
RECOMMEND: ,/I~/ /(' 1/ (/ . ' By:
I ,
Ralph Hayden, City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
,. ,
I
Environmental Services Department
CITY OF DELRAY BEACH
Change Order #4
Project No. 91-64
Project Name: N.W. Area Drainage - Outfall
N.W. 2nd Street from N.W. 3rd Avenue to the E-4 Canal
Item Unit Contract As-Built +/- C.O. Total
No. Description Unit Price Qty Quantity Quantity
-------------------------.-------------.---------------------------------------------------------------------------------------
Original Contract
1 Type 'c' inlet and appurtenances EA $1,000.00 25 24 -1 ($1,000.00)
2 Type 'E' inlet and appurtenances EA $1,500,00 2 5 3 $4,500.00
3 Type 'E' inlet w/bolted channels EA $1,800.00 14 10 -4 ($7,200.00)
and appurtenances
4 Concrete inlet aprons EA $200.00 32 25 -7 ($1,400.00)
5 4' diameter manhole and EA $1,200.00 8 8 0 $0.00
appurtenances
6 6' di ameter manhole and EA $2,000.00 7 7 0 $0.00
appurtenances
7 7' diameter manhole and EA $2,500.00 3 3 0 $0.00
appurtenances
8 8' diameter manhole and EA $4,000.00 2 2 0 $0.00
appurtenances
9 Install baffle and bracket in EA $500.00 3 0 -3 ($1,500.00)
existing drainage structure
10 8' diameter control structure EA $5,000.00 1 1 0 $0.00
and appurtenances
11 6' diameter conflict manhole and EA $4,000.00 3 6 3 $12,000.00
appurtenances
Additional conflicts and adjustments LS $15,893.00 0 1 1 $15,893.00
12 Connect proposed pipe to EA $500.00 3 13 10 $5,000.00
existing inlets
13 Connect existing pipe to EA $500.00 2 0 -2 ($1,000.00)
proposed drainage structure
14 15" diameter reinforced LF $20.00 530 537 7 $140.00
concrete pipe & appurtenances
15 18" diameter reinforced concrete LF $24.00 670 601 -69 ($1,656.00)
pipe and appurtenances
16 24" diameter reinforced concrete LF $30.00 1350 1388 38 $1,140.00
pipe and appurtenances
17 30" diameter reinforced concrete LF $45.00 390 326 -64 ($2,880.00)
pipe and appurtenances
18 36" diameter reinforced concrete LF $50.00 360 352 -8 ($400.00)
pipe and appurtenances
19 42" diameter reinforced concrete LF $55.00 1075 1020 -55 ($3,025.00)
pipe and appurtenances
20 48" diameter reinforced concrete LF $64.00 1450 1416 -34 ($2,176.00)
pipe and appurtenances
21 54" diameter reinforced concrete LF $75.00 1060 1046 -14 ($1,050.00)
pipe and appurtenances
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22 72" diameter reinforced concrete LF $130.00 100 100 0 $0.00
pipe and appurtenances
23 Remove existing pipe & structures LS $5,000.00 1 1 0 $0.00
24 Sewer lateral relocation and EA $250.00 40 40 0 $0.00
reconstruction
25 6" diameter ductile iron pipe LF $18.00 550 450 -100 ($1,800.00)
and appurtenances
26 6" gate valve and appurtenances EA $400.00 8 8 0 $0.00
21 6" X 6" tapping sleeve and EA $800.00 13 17 4 $3,200.00
valve
28 Fire hydrant assembly EA $2,000.00 4 4 0 $0.00
29 2" jllllper connection and EA $3,000.00 7 5 -2 ($6,000.00)
appurtenances
30 3" junper connection and EA $3,000.00 1 1 0 $0.00
appurtenances
31 Open-cut pavement repair LF $16.00 1020 495 -525 ($8,400.00)
for Future Sewer Conn. 8"
32 1 1/2" type S-III asphaltic SY $2.70 15100 14735 -365 ($985.50)
concrete surface course
33 8" thick limerock base SY $5.00 15700 15500 -200 ($1,000.00)
34 12" thick stabilized subgrade SY $2.00 16300 16061 -239 ($478.00)
35 1" thick Type S-III asphaltic TONS $36.00 130 124 -6 ($216.00)
concrete overlay
36 6" thick stabil ized shoulder,
swale grading & seed & mulch SY $1. 00 10000 5000 -5000 ($5,000.00)
Floritam Sod SF $0.18 0 7926 7926 $1,426.68
Bahia Sod SF $0.16 0 44005 44005 $7,040.80
37 Sidewalk construction SF $1.40 2500 2500 0 $0.00
38 Sidewalk replacement SF $2.00 5000 5000 0 $0.00
39 Asphaltic concrete drive repair SY $24.00 300 640 340 $8,160.00 .
40 Concrete driveway repair SY $24.00 200 1081 881 $21,144.00
41 Gravel driveway repair SY $3.00 200 0 -200 ($600.00)
42 Pavement striping 4" wide yellow LF $0.50 5000 2630 -2370 ($1,185.00)
43 Pavement striping 24" wide white LF $4.00 360 267 -93 ($372.00)
44 Pavement striping 12" wide white LF $2.00 300 675 375 $750.00
45 Raised reflect. pavemnt. markers EA $3.00 400 109 -291 ($873.00)
Additional sign and school message LS $345.00 0.00 1.00 1.00 $345.00
46 Traffic control LS $5,000.00 1 1 0 $0.00
47 Earthwork LS $8,000.00 1 1 0 $0.00
48 Testing allowance LS $10,000.00 1 0.52 0 ($4,756.00)
49 Video recording allowance LS $3,000.00 1 0.50 -1 ($1,500.00)
50 Indemnity LS $10.00 1 1 0 $0.00
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Change Order #1
l American Legion Parking Lot
Clearing, Grubbing and Earthwork LS $2,475.00 1 1 0 $0.00
Remove Existing Pavement SY $1.75 550 550 0 $0.00
1 1/2" Type S-III Asphal t SY $2.70 870 870 0 $0.00
8" Limerock Base SY $5.00 895 895 0 $0.00
12" COIIl>8cted Subgrade SY $2.00 915 915 0 $0.00
Type D Curb LF $7.00 230 431 201 $1,407.00
Concrete Wheel Stops EA $12.00 19 19 0 $0.00
4" Concrete Sidewalk SF $1.75 1850 2431 581 $1,016.75
Sol id Sod SY $1.55 1200 1617 417 $646.35
4" PVC Sleeve LF $6.50 95 95 0 $0.00
Pavement Striping LS $500.00 1 1 0 $0.00
Handicapped SigniStOP Sign EA $150.00 1 2 1 $150.00
Gravel Trench w/Filter Fabric CY $75.00 7 7 0 $0.00
1 1/2" Water Service (Irrigation) EA $400.00 1 1 0 $0.00
II Misc. Drainage Improvements (NW 2nd St) LS $15,351.97 1 1 0 $0.00
Change Order #2 - Add sidewalk in R/W
1 Clearing and Grubbing/Grading Allowance LS $10,000.00 1 0.89 -0.11 ($1,155.00)
2 New Sidewalk SF $1.40 13805 10502 -3303 ($4,624.20)
3 Remove/replace Sidewalk SF $2.03 10309 4946 -5363 ($10,886.89)
Change Order #3 - Add NW 3rd Ave (Atlantic to NW 2nd St)
Clearing & Grubbing LS $8,000.00 1 1 0 $0.00
Earthwork LS $3,000.00 1 1 0 $0.00
15" RCP LF $20.00 55 75 20 $400.00
18 " RCP LF $24.00 180 170 -10 ($240.00)
18" Slotted RCP LF $60.00 870 794 -76 ($4,560.00)
Type C inlet EA $1,000.00 4 4 0 $0.00
4' Dia Drainage Manhole EA $1,200.00 5 5 0 $0.00
6' Dia Conflict Manhole EA $4,000.00 1 0 -1 ($4,000.00)
3' Weir Plate EA $500.00 1 1 0 $0.00
Concrete Inlet Aprons EA $200.00 4 4 0 $0.00
Connect Proposed pipe EA $500.00 1 1 0 $0.00
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Abandon existing 2" Main LS $0.00 1 1 0 $0.00
D.I.P. WH. 6" IF $18.00 40 15 -25 ($450.00)
D.J.P. WH. 8" LF $22.00 1000 1235 235 $5,170.00
D .I.P. WH. 10" LF $41.75 1100 0 -1100 ($45,925.00)
6" Gate Valve EA $400.00 1 0 -1 ($400.00)
8" Gate Valve EA $460.00 7 5 -2 ($920.00)
10" Gate Valve EA $945.00 4 0 -4 ($3,780.00)
12" x 8" Tapping Sleeve and Valve EA $1,850.00 1 1 0 $0.00
12" X 10" Tapping Sleeve and Valve EA $1,950.00 1 0 -1 ($1,950.00)
6" x 10" Tapping Sleeve and Valve EA $1,750.00 1 0 -1 ($1,750.00)
Fire Hydrant Assembly EA $2,000.00 5 3 -2 ($4,000.00)
J~r COM. 2" EA $3,000.00 1 1 0 $0.00
Poly Servo 1" LF $15.00 475 500 25 $375.00
Poly Servo 1 1/2" LF $16.00 90 90 0 $0.00
Sewer lateral Reconstruction IF $18.00 315 36 -279 ($5,022.00)
Replace Section Sanitary Sewer LF $50.00 45 32 -13 ($650.00)
Cut-in 8" DIP in Sanitary Sewer IF $60.00 20 20 0 $0.00
Manhole Adjustment EA $150.00 3 3 0 $0.00
Open-Cut Pavement LF $16.00 24 24 0 $0.00
1 1/2" Type S-1I1 Asphalt SY $2.70 3500 3335 -165 ($445.50)
8" limerock Base SY $5.00 3600 3486 -114 ($570.00)
12" Stabilized Subgrade Sy $2.00 3750 3238 -512 ($1,024.00)
6" Stabil ized Shoulder Sy $1.00 1230 1230 0 $0.00
Contruct Concrete Sidewalk SF $1.40 13000 7858 -5142 ($7,198.80)
Replace Concrete Sidewalk SF $2.00 75 0 -75 ($150.00)
Asphalt driveway repair Sy $24.00 310 79 -231 ($5,544.00)
Concrete driveway repair Sy $24.00 15 202 187 $4,488.00
Striping 4" Yellow IF $0.50 1400 700 -700 ($350.00)
Striping 24" White LF $4.00 70 35 -35 ($140.00)
Striping 12" White IF $2.00 250 0 -250 ($500.00)
Pavement Markers EA $3.00 75 6 -69 ($207.00)
Bahia sod SF $0.16 10000 7041 -2959 ($473.47>
Traffic control lS $2,000.00 1 1 0 $0.00
Utility Conflict Allowance LS $10,000.00 1 0.47 -0.53 ($4,705.00)
Testing Allowance LS $2,000.00 1 0 -1 ($2,000.00)
Video Allow. LS $300.00 1 0 -1 ($300.00)
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Miscellaneous
Repair damaged section of force main at
W lake Ida Rd bridge crossing LS $1,465.00 0 1 1 $1,465.00
Pompey Pool drain tie-in and pavement patch LS $3,740.00 0 1 1 $3,740.00
Rip-Rap flume Q Depot an Lincoln LS $452.00 0 1 1 $452.00
.-----....-.......-......
Net Deduct Change Order #4 ($74,515.78)
===============
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # g'S - MEETING OF JANUARY 12. 1993
REOUEST TO PALM BEACH COUNTY RE. MANATEE PROTECTION PLAN
DATE: January 8, 1993
This item is before you to authorize staff to petition the Board of
County Commissioners to prepare the Manatee Protection Plan for South
County.
We have received a letter from the Florida Department of Natural
Resources stating that due to the unique circumstances in Palm Beach
County, an exception to DNR's policy was being made to allow
individual municipalities to prepare a comprehensive Manatee
Protection Plan for its area. Key components of the Manatee
Protection Plan includes assessment of zones within the City's
jurisdiction; development of a boating facility siting plan; and,
habitat protection and education.
Currently, the City's Comprehensive Plan contains direction with
regard to the identification of dockage, waterway access and mooring
opportunities. However, funding has not been provided for the
professional services necessary to undertake the studYi nor has it
been placed in any Departmental work program.
A detailed staff report is attached as backup material for this item.
Recommend staff be authorized to petition the Board of County
Commissioners to prepare the Manatee Protection Plan for South County.
City Commission Documentation
Request to Palm Beach County Board of Commissioners to
Prepare a Manatee Protection Plan for South County
Page 2
4. Direct the Administration to program the study with the
Ci ty role to be that of oversight and with the necessary
consulting work to be paid for by the private sector.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
item. However, in preparing Plan Amendment 93-1, they have
reviewed the policy direction regarding identifying additional
opportunities for waterway access, dockage, and mooring
facilities. Attached is a proposed modification to the policy.
This modification will formally be considered by the City
Commission in March.
RECOMMENDED ACTION:
By motion, petition the Board of County Commissioners to
undertake the Manatee Protection Plan effort with respect to the
south county area.
Attachment:
( 1) Letter of December 16, 1992 from FDNR
(2 ) Kovacs memo to Harden of December 28, 1992
(3 ) Proposed policy change being considered by P&Z
DJK/CCMANATE.DOC
~__.....~.;. . .. ... __ ___ I'_......."""'...~,.,.~....,.... C! Y"'C6rTl"'l -. rg,m~nT ~ r~(I"'" "--(1 I riLl 1~ll~ L~~V~-.lUUIll~JI'-
- .
Mr. David Harden
December 15, 1992
Page 2
The second major component of the Manatee Protection Plan is
a boating facility siting plan. The objective of this component is
to plan for the development of boat facilities (docks, piers, dry
storage areas, marinas, and boat ramps) based on an evaluation of
the natural resources, manatee protection needs, and recreation and
economic demands pertinent to local sites. A detailed guidance
document for the development of the boat facility siting plan is
enclosed.
The other components of the manatee protection plan, including
habitat protection and education, are detailed in Attachment K of
the Department's recommendations (see enclosure) to the Governor
and Cabinet, which were approved in 1989. Attachment K lists the
information to be collected in order to develop the plan. It also
lists the items for which recommendations and an accompanying
implementation schedule are needed. The preferred method for
implementing a Manatee Protection Plan is to incorporate it into
the local comprehensive land use plan either as an optional
component or within the coastal resources element. Implementation
through the adoption of local ordinances is also allowed. To date,
one locality, citrus County, has completed a Manatee Protection
Plan. Enclosed is a copy of the citrus County document, which
provides a model of the format and scope of work for the Manatee
Protection Plans.
staff of the Office of Protected Species Management are
available to assist with the development of the Manatee Protection
Plan. You may contact Mr. Patrick Rose or Ms. Mary Morris at
904/922-4330 for assistance.
Sincerely,
;(0~W
R. Dale Patchett, Deputy
Assistant Executive Director
RDP/mms
Enclosures
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: HARDEN, CITY MANAGER
U\)acJ-
FROM: 10 J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: DECEMBER 28, 1992
SUBJECT: PURSUIT OF A MANATEE PROTECTION PLAN
The following is provided following receipt of a December 16,
1992, letter from FDNR. That letter is written in such a manner
that it assumes the City of Delray Beach is interested in
developing a Manatee Protection Plan. While FDNR has
reservations about individual cities developing a plan, as
opposed to a Countywide approach, they will accept an adequate
plan from a single municipality. However, the plan will need to
address manatee use areas beyond the municipality's limits,
manatee travel (migration) routes, boat patterns and other items
beyond our boundaries.
Normally, preparation of a Manatee Protection Plan would occur
at the County level. In April, 1991, a coordination meeting was
held in Palm Beach County to address this matter. Apparently,
there was not a consensus for the County to proceed (perhaps
opposition from some municipalities?). Later in November, 1991,
a survey of municipalities along the waterway in Palm Beach
County provided some support for a County initiated effort, some
opposition, but a poor response rate (7 of 23?). Some thought
was given to the TCRPC as being lead. In any event, the result
is that there is not a lead agency in Palm Beach County.
Since The Anchorage is going through the permitting stage, it
may be that FDNR believes that the City would initiate the
effort or undertake a portion of the plan on its own; thus,
facilitating The Anchorage. We are the only municipality in
Palm Beach County to have received the December 16th letter.
Thus, if we were to pursue development of a Manatee Protection
PlanJthe following options appear available:
1. Petition the Board of County Commissioners to have DERM (or
other appropriate County agency) undertake the effort.
Perhaps, a formal request from a municipality would
encourage them to go forward. Perhaps, we would want to
seek thoughts from Boca Raton and Boynton Beach before
making such a request.
, '
,
To: David T. Harden, City Manager
Re: Pursuit of a Manatee Protection Plan
Page 2
2. Petition the Treasure Coast Regional Planning Council to
undertake the effort. Same comments as is in II, above,
apply.
3. Pursue the Manatee Protection Plan as a City project. This
project is substantial (the Citrus County effort was more
than two years in the making) . Pursuit of the project
would involve funds (which are not available) for
professional services, would involve expenditures for
coordination with FDNR (perhaps travel to Tallahassee), and
would consume a considerable amount of time. I do not
recommend that we proceed on this course of action at this
time.
4. Pursue the Manatee Protection Plan as a City project but
with private sector funding and City (Advanced Planning)
oversight (project management). Current State-wide policy
affects the ability of new developments of greater than 5
powerboat slips to received permits to the extent that only
1 slip per 100 feet of owned shore line is allowed. Thus,
The Anchorage is impacted ( I believe that a recommended
permit condition is that they receive only 7 slips as
opposed to the 42 which are desired) . I am not aware of
any other development project which would be affected.
While the Marina Cay project would also need a Manatee
Protection Plan before it can be permitted by various State
agencies, I don't believe that Marina Cay is currently
viable. Thus, unless The Anchorage desires to fund the
entire project, I would not recommend proceeding. I have
no idea what the cost of a consultant produced plan would
be; but my guess would be in the range of $35,000 to
$70,000 with a time frame of 6-9 months after award of
contract. This time frame does not include processing as a
Plan Amendment; nor does the cost include response to
review agency comments.
Given the above information, I would suggest that your office
communicate with Boca Raton and Boynton Beach regarding support
in encouraging the Board of County Commissioners to undertake
the effort.
DJK/dlm
c:
John Walker, Project Coordinator
Joe Weldon, Director of Parks
The Anchorage -Project File
DJK/MANATEE.DOC
, '
CUIIUIl~IlL . A report. on the fea3ibB..ity of 3. '.:alk\1ay uRser
the Atlantic A~enue Bridge showed it not to be appropLlaL~
.~t tho present time. While the pol~y should be doleted~t ..
thiG time, deletion does not preclude the subject from ...
being explored, by others, in the future. It is noted that.
...to h e C.R..J\.. Plan does call ~i[' continued thoulJkt on this -.
linKage. See Eupport document t (board'.:alk paper)
6. Location: Pg. III-F-27, Policy C-6.5
* Policy C-6.5 The City, through its Planning
Department with assistance from Parks and
Recreation, shall identify sites and methods
through which additional marina services,
dockage, and short-term mooring facilities can be
provided along the Intracoastal Waterway. Use of
marina facilities shall be offered to residents
and tourists alike. However, residents shall
have first priority. The study shall be
completed by January, 1992, with initiation of
activities to occur pursuant to the priorities of
C-6.6.
Change: REVISION
Policy C-6.5 THe ~Itfl tHtl1S~~H Its Plannln~
0epatt(l\ent wItH a88I8tanie ttl1S(l\ Pat~8 anlli
Retteatll1Snl iHiUI IllientItf 8Ite8 anlli (l\etHl1Slli8
tHtl1S~~H wHIiH allilliItll1Snal tz'tatIna 8etYIie81
llil1St~a~el anlli 8Hl1Sttftet(l\ tz'tl1Sl1StIn~ taiIlItIe8 ian ~e
ptl1SYIllielli all1Sn~ tHe Inttail1Sa8tal Watetwafl ld8e l1St
tz'tatIna taiIlltlei iHal1 ~e l1Sttetelli tl1S te8Illient8
anlli tl1S~tIiti all~ei Hl1Swetetl te8Illienti il'iall
l'iaye tIt8t ptll1StItfl 'tHe 8t~llif iHal1 ~e
il1S(l\plete~ ~f Jan~atfl 19921 wl~H IriItIatll1Sn l1St
aitlYltle8 tl1S l1Sttut puti~ant tl1S tl'ie ptll1Stltle8 l1St
~f6/6'
Prior to consideration of new dockage facilities
(of qreater than five powerboat slips), the City
shall first participate in the preparation and
adoption of a Manatee Protection Plan. The City
should petition Palm Beach County to be the
project leader with respect to preparation of a
Manatee Protection Plan for the southern portion
of Palm Beach County. FDNR standards and
guidelines for preparation of a Manatee
Protection Plan shall be followed. In addition,
Delray Beach residents shall be provided first
priority for new dockaqe or moorinq
opportunities.
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I' Comment: The City has been made aware of FDNR permitting
policies (adopted in 1990) which limit the establishment of
new dockage facilities when a Manatee Protection Plan is
not in place. Undertaking such a plan is beyond the
reasonable scope and resources of Delray Beach since the
Intracoastal waterway (and manatee habitat) exceed the
municipal boundaries. It is logical that Palm Beach County
coordinate such a planning effort. Since such a plan must
be in place, the previous wording of Policy C-6.5 is no
longer appropriate. All provisions of previous Policy
C-6.5 will be addressed in a Manatee Protection Plan.
FUTURE LAND USE ELEHEN~ ..
1- Pg. III-G-12, second diamond [ADD DIAMOND]
. The City of Delray Beach is 87% built- t
(population basis). Approximately 400 a res
of undeveloped residential land r ains
which does not have, at least, a prel minary
development order (a master an or
preliminary subdivision plat) . is land,
along with sites which have evelopment
orders are shown on Figure L- . There are
0 soils, topographic, or historic
c straints in these areas. One area, the
"1 Acre Parcel" area has atural resources
whic are, in part, to b preserved as part
of any future developme
Change: REVISION
. The City of
(population b
acres of u
remains
Comment: The acres of undeveloped land are amen d
reflec the revised total of 450 acres pursuant to ch ges
reco ended to Table L-4, below. These revised acre
re include the old middle school site off of Dav
d, and revised estimates for the balance of area "G" to
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: flIcITY MANAGER
SUBJECT: AGENDA ITEM i gr - MEETING OF JANUARY 12. 1993
ALLOCATION OF ADDITIONAL FUNDING AND APPROVAL OF AN AGREE-
MENT WITH FLORIDA POWER AND LIGHT RE. FACILITIES RELOCATION
DATE: January 8, 1993
This item is before you to approve the allocation of an additional
$24,858 in funding for engineering service.s to relocate an existing
overhead utility line to an underground facility along the seawall at
Veteran's Park and to approve a Facilities Relocation Agreement with
Florida Power and Light in conjunction with the proposed relocation.
At the October 13, 1992 regular meeting the Commission approved the
relocation of the line and authorized Florida Power and Light to
provide engineering services in the estimated amount of $33,700. That
estimate was based upon removal of the overhead electric facilities
and replacing them with an underground 13 KV feeder cable. The
estimate also included the cost of a concrete splice box to connect
the existing submarine cable which crosses the Intracoastal Waterway
to the proposed 13 KV feeder cable. Subsequently, staff was notified
that the project had been re-engineered. A pad-mounted stainless
steel switch is required in place of the concrete splice box. The
revised cost estimate is $58,858.
Additionally, as the job is over $25,000, Florida Power and Light is
requesting that the City sign a Reimbursable Relocation Agreement. A
major provision of this agreement is that the City will be required to
pay the total actual cost of the job, not just the estimate.
Recommend the allocation of an additional $24,858 in funding for
engineering services to relocate an existing overhead utility line to
an underground facility along the seawall at Veteran's Park and to
approve a Facilities Relocation Agreement with Florida Power and
Light in conjunction with the proposed relocation; with funding from
Decade of Excellence Bond Issue - Veteran's Park Improvements (Account
No. 225-4126-572-61.63).
!kn7 /J(j..rdl 0 It
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
TBRU: WILLIAM H. GREENWOOD;/J//tf)
DIRECTOR OP ENVIRONMENTAL SERVICES
FROM: RALPH B. HAYDEN, P.E~
CITY ENGINEER
DATB: JANUARY 4, 1993
SUBJECT: VETERAN'S PARK - FPL UTILITY RELOCATION
PN 91-049
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Attached is an agenda request along with a copy of a letter from
Florida Power & Light regarding increased costs for the proposed
relocation of an overhead power line along the seawall at
Veteran's Park to underground conduit. Based on information
provided by FP & L, a payment of $ 33,700.00 was approved for
this item at the October 13 regular Commission Meeting.
Subsequently, staff was notified that re-engineering of the
project had increased the cost to $ 58,558.00. We request
approval by Commission of the additional $ 24,858.00.
The funding source is Account No. 225-4126-572-61.63.
Furthermore, FPL has a policy that when facilities relocation
cost exceed $ 25,000.00 an agreement is required between FPL and
the owner. Please note that the relocation agreement Obligates
the City to paying for the total actual construction cost of the
project, and not just the engineering estimate. Under these
circumstances, additional funding may be required subsequent to
the relocation construdtion. We request commission approve and
enter into an agreement with FPL. A copy of the agreement is
enclosed.
RCH:kt
Attachment
cc: Joe Weldon, Director of Parks & Recreation
Joe Safford, Finance Director
Jeff Kurtz, City Attorney
File: Memos to ci~y Manager
91-049 (D)
DHDH1231.KT
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FPL 92 DEe 22 ~H 8: 00
December 17, 19921 :,,-, .-', , ''1 Ji- 0
i''H..: v c! 'of Co
Mr. Howard Wight
City of Delray Beach
100 NW 1 Avenue
Delray Beach, FL 33444
Re: Veteran's Park
Dear Mr. Wright:
In May 1992, I provided to the City a cost estimate of $30,739. This was the
approximate cost to remove the overhead electric facilities along the seawall in
Veteran's Park and to replace them with an underground 13 KV feeder cable.
The cost estimate included the cost of a concrete splice box to connect the
existing submarine cable which crosse~ the Intracoastal Waterway to the
proposed 13 KV feeder cable.
This project has since been revised by our Construction Services Department.
A pad-mounted stainless steel switch is required in place of the concrete splice
box. The pad-mounted switch must be placed at the west end of the submarine
cable crossing, since we cannot splice and extend this cable. The revised cost
estimate is now $58,558.00. Also, since this job is over $25,000, the City will be
required to sign a Reimbursable Relocation Agreement.
<1 A major provision of the agreement is the City would be required to pay the total
actual cost of the job, not just the estimated cost.
Since the project has il1'Creased in cost and a Reimbursable Relocation
Agreement is required, I recommend the City does not proceed with this
conversion project.
If you require any additional information, please call me at 265-3104.
Yours truly,
Ifb~
A. G. Russillo, Jr. .
FPL Account Manager
AGR :sp
an FPL Group company
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FACILITIES RELOCATION AGREEMENT
(Corporation)
THIS AGREEMENT made and entered into this day of ,19_ by and
between City of Delray J a corporation,
whose address is
I hereinafter called the Corporation, and
FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of
Florida with its principal place of business in Dade County, Florida, hereinafter called FPL.
WITNESSETH:
WHEREAS the Corporation intends to construct A Gazeebo in Veteran's Park
, and
WHEREAS such construction will require the relocation of certain incompatible and conflicting
portions of FPL's Facilities and equipment (hereinafter "FPL Facilities") and said FPL Facilities are
generally described on Exhibit A attached hereto and in Article 11.2.1, herein, and
WHEREAS the Corporation and FPL desire to avoid the disruption of FPL's Facilities and any
delay to the work in furtherance of the Corporation construction (hereinafter "Corporation's
Construction") which could result from the absence of this Agreement, and
WHEREAS the Corporation and FPL desire that any rearrangement (as hereinafter defined) of
FPL's Facilities be conducted in a manner which conforms to the engineering and scheduling
requirements of the Corporation and FPL and that the cost of -rearrangement also be held to a
practical minimum, compatible with the engineering and other requirements of FPL as described in
Article 1.1. 7 and 1.8 hereof, and
WHEREAS the Corporation recognizes that FPL will incur costs in the rearrangement of FPL's
existing and proposed Facilities · which costs would not have occurred but for the Corporation's
Construction and desires, therefore, to reimburse FPL for all such costs as are defined in Article IV
and incurred as a direct result of such rearrangement,
NOW, THEREFORE, in consideration of the mutual promises of the Corporation and FPl and
other good and valuable consideration, the Parties agree that FPl shall Rearrange the FPL Facilities
and the Corporation shall reimburse FPl for the actual cost of such Rearrangement as follows:
ARTICLE I . DEFINITIONS
For purposes of this Agreement the following terms, whether used in the singular or plural,
shall have the meanings set forth below when used with initial capitalization:
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1.1 Aqreement is this Relocation Agreement between the Corporation and FPL as set forth herein.
1.2 Betterment is any increase in service capacity as compared to the service capacity of the
corresponding conflicting facilities. Any upgrading of a Replacement Facility above FPL's
current minimum standard practices, as specified in Article III of this Agreement, that would
normally be used on projects solely financed by FPL shall be deemed a Betterment, except
that any such upgrading of a Replacement FPL Facility when it is requested by the Corporation
or directed by any agency responsible for regulation of the FPL facilities shall not be deemed a
Betterment. Any increase in service capacity of a Replacement FPL Facility resulting solely
from the replacement of devices or materials no longer manufactured, processed, or installed
and used by FPL in the performance of work on projects financed entirely by FPL at the time
of the construction of the Replacement FPL Facility, or any upgrading of the Replacement FPL
Facility which is necessitated by the corporation's construction, shall not be considered a
Betterment so long as such replacement is the same as that used by FPL on its own projects,
Any increase in service capacity of a Replacement FPL Facility resulting from compliance with
the requirements of any applicable federal, state or local law, safety code or standard which
applies to the FPL Facilities as of the date of construction of the Replacement FPL Facilities
shall not be considered a Betterment.
1.3 Conflict is any incompatibility between FPL planned or existing Facilities and Corporation
Construction as more particularly described in Article 11.2.1.
1.4 Conflictinq Facility is any planned or existing Facility which requires Rearrangement or a
different design because of a Conflict. as more particularly described in Article 11.2.1.
1.5 Corporation's Construction are the Corporation's proposed, _construction reconstruction,
improvement, and expansion of A Gazeebo ; n Veteran I s Perk
1.6 Credit Ratio is the credit given to the Corporation in the form of a percentage derived by
dividing the sum of the Betterment and the Non-Reimbursable Work Credit by the total cost of
the relocation:
.
Dollar Amount of Betterment
Credit Ratio = and Non-Reimbursable Work Credit
Total Cost of Relocation Less
the Land and Land Right Cost
1.7 Current Construction Standards are those standards for materials and construction conforming
to FPL's specifications and/or accepted practices of FPL with respect to such materials and
construction as of the date of construction.
1.8 Current Deskm Standards are those standards of engineering and materials conforming to
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FPL's specifications and/or accepted practices of FPL with respect to such materials and
construction as of the date of FPL's Rearrangement design.
1,9 Facility or Facilities shall be. but shall not be limited to, any structure consisting of manholes,
conduits, poles. wires. cables. substattons. system protection equipment or other
appurtenances, and associated eqUipment. and used by FPL in connection with the
transmiSSion and/or distribution of electnc power.
1,10 For:Construction Estimate is the cost of Rearrangement of all the conflicting Facilities,
reimbursable and non-reimbursable portions. as it will actually be bUilt. This estimate will
include any Betterment and/or non-reimbursable work credit.
1 ,11 Rearranqement or Rearranqe is any activity made necessary by the design and construction of
the Corporation's Construction which affects FPL, its Facilities. or service. Rearrangements
shall include. but shall not be limited to. permanent or temporary support, protection, relocation,
redesign, abandonment or reconstruction of the FPL Facilities. and all other work required to
provide continuity of service to FPL's customers which is a result of a Conflict.
1,12 Replacement FPL Facilitv is any Facility which will be constructed under the terms of this
Agreement as a consequence of Rearrangement of an FPL Facility or portion thereof.
1,13 Replacement Riqht-of-Wav is ownership of, or express easement on, in, over, under, or
through real property.
1.14 Salvage is the credit to the Corporation for the reusable materials recovered or removed by
FPL less the salvage Adjustment Credit.
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1,15 Salvaqe Adiustment Credit is a credit to FPL for the material salvage cost of the Facilities that
were used to provide service that will be eliminated because of the Corporation project.
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ARTICLE II . IDENTIFICATION OF CONFLICTS
2.1 Known Conflicts. The Corporation shall reimburse FPL for costs associated with the relocation
of the FPL Facilities comprising and associated with the FPL's Facilities more particularly
described in Exhibit A, hereof, and which are located on the property more particularly
descnbed in Exhibit A attached hereto and by this reference made a part hereof. The
Rearrangement of the FPL Facilities shall be to the general location and in accordance with
the construction drawings set forth in Exhibit B attached hereto and by this reference made a
part hereof.
2.2 Other Conflicts. The identification of any other Conflicting Facilities requiring Rearrangement
shall be undertaken by FPL pursuant to a subsequent written agreement between FPL and the
Corporation.
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ARTICLE '" . DESIGN AND CONSTRUCTION
OF REPLACEMENT FACILITIES
3.1 Desiqn Standards. Engineering design standards and materials specified shall meet FPL's
Current Design Standards. In addition. the design of Rearrangements will be in conformity with
all federal, state, and local laws and regulations.
3.2 Construction Standards. Materials and construction procedures shall meet FPL's Current
Construction Standards. In addition, Rearrangements or Replacement Facilities will be
accomplished in conformance with all federal, state, and local laws, codes and regulations.
ARTICLE IV . REIMBURSEMENTS
The Corporation shall reimburse FPL for the following costs of Rearrangements of the FPL
Facilities and all costs incurred by FPL in accordance with this Agreement. Such costs shall be
computed or allocated in accordance with FPL's established accounting procedures for reimbursement
of costs incurred in Rearrangement and replacement of other FPL's Facilities necessitated by public
projects. Such costs are as follows:
4.1 Labor Costs
(a) Direct Charqed Labor
(1 ) Salaries and wages billed at actual rates for tabor hours paid by FPL to
employees during the time they are engaged in Rearrangements of the FPL
Facilities are reimbursable when supported by records.
(2) Average labor rates accounting for productive labor hours may be used in lieu
of actual rates ......hen they are for separate and distinct classes of employees
and supported by records.
(3) Retroactive pay adjustments may be used in the computation of actual rates
when they are supported by binding agreements and records.
(b) Frinqe Benefits
Costs to FPL of vacation, holiday pay, pension, welfare, payroll taxes and insurance,
sick pay, FPL portion of insurance and any other FPL-sponsored benefits and similar
costs incident to labor employment will be reimbursed when supported by records.
Costs of this nature must be those that are applicable to all permanent FPL employees
and not just those involved in Rearrangement of the FPL Facilities.
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4,2 Applied EnqineerinQ and Overheaas. Applied Engineering and Overheads are prorated
engineering costs distributed monthly based upon the direct and indirect construction
expenditures within work orders.
4.3 Overhead Costs. Overhead costs attributable to Rearrangement of the FPL Facilities shall be
reimbursable when allocated and charged according to FPL's established accounting
procedures for reimbursement for forced relocations of its Facilities.
4.4 Materials and Supplies
(a) Materials and supplies shall be billed at inventory prices when furnished from FPL's
stock, and at actual cost to FPL when the materials and supplies are not available
from FPL's stock and must be purchased for Rearrangement of the FPL Facilities. The
computation of costs of materials and supplies shall include the deduction of all offered
discounts, rebates, allowances and intercompany profits. In those instances where the
book value does not represent the true value of used materials. they shall be charged
to the project at the same rate used by FPL in its own work, but in no event shall they
be charged at more than the value determined in accordance with the foregoing
provisions of this paragraph.
(b) The cost of moving recovered materials trom the job site to FPL's storage point is
reimbursable.
(c) The costs of supervision. labor, and other overhead or indirect expenses incurred in
the operation and maintenance of the storerooms and material yards. including, but not
limited to, storage, handling and distribution of materials and supplies. the costs of
purchasing, and the costs of testing and inspection are i.eimbursable. These costs
may be determined by a rate or other equitable method of distribution which is
representative of such costs to FPL.
4.5 Equipment
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(a) Accounts for transportation and heavy equipment, including related subcontracted work
or items, may be used for the purpose of accumulating expenses and distributing them
to the accounts properly chargeable with the services, The items at expense clearing
through these accounts may include, but are not limited to the following: depreciation;
fuel and lubricants for vehicles (including sales and excise taxes thereon); freight and
express on fuel and repair parts; heat, light, and power for garage and garage office;
insurance (including public liability and property damage insurance) on garage
equipment, transportation equipment and heavy work equipment, license tees for
vehicles and drivers; maintenance of transportation and garage equipment: operation of
garages; rent of garage buildings and grounds; and cost of supervision, labor and
material expenses incurred in the operation and maintenance of the transportation
equipment and heavy equipment of FPL, including direct taxes and depreciation.
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(b) Reimbursement tor the use ot small tools will be made on the basis of tool expenses
accumulated in and distributed through an equitable and supportable allocation basis;
otherwise, it will be limited to actual loss or damage during the period of use.
(c) Where FPL does not have equipment available of the kind or type required,
reimbursement will be limited to the amount of rental paid to tle lowest evaluated
bidder following an appropriate solicitation for bids. Appropriate solicitation shall be
accomplished in accordance with FPL's standard practices for competitive bidding.
Existing and continuing contracts for rental of transportation and heavy equipment
which FPL determines to be of the most advantage to its operations shall be
considered as complying with these requirements. In the event of an emergency (a
breakdown of the equipment or where additional equipment not originally contemplated
is needed and/or compliance with the foregoing requirements would seriously impair
Rearrangements), reimbursement shall be made for the cost of equipment rental.
(d) Where work related to Rearrangement is to be performed by FPL with use of its own
equipment, the procedures and reimbursement standards established under Article
IVAA (a) and (b) shall apply.
4.6 Transportation of Emplovees
(a) The cost of transportation perf 01 med in automobiles or trucks owned by FPL shall be
considered to have been reimbursed in the payment of the operating costs of the
conveyance equipment or of the rates representative of the equipment operating
expenses as provided under Article IV.4.S,
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(b) Reimbursement for the required use of automobiles wi'tfch are privately owned by
employees of FPL will be limited to the established rates at which FPL reimburses its
employees for use in connection with its own construction and maintenance projects
and operations.
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(c) The cost of commercial transportation by employees ot FPL is reimbursable.
(d) The cost of transportation to FPL employees in obtaining and securing replacement
Rights-of-Way is reimbursable.
4.7 Replacement RiQhts-of-Wav. The Corporation shall provide FPL with Replacement
Rights-of-Way in one of the following manners:
----L- ( a) The Corporation shall reimburse FPL tor costs associated with the identification
and acquisition of Replacement Rights-ot-Way, including, but not limited to,
FPL's -attorney fees for costs in prosecuting or in connection with any
condemnation actions tor the acquisition of necessary Rights-of-Way.
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_(b) The Corporation shall conveyor grant to FPL Replacement Rights-of-Way
sufficient to permit FPL to accomplish Rearrangements of the FPL Facilities
and to operate and maintain the Replacement Facilities in accordance with
FPL's customary practices. Such conveyances or grants at Replacement
Rights-at-Way shall be accomplished at no cost to FPL and in a torm and
substance satisfactory to FPL.
The location of the aforesaid Replacement Rights-at-Way are generally set forth in Exhibit B
attached hereto.
ARTICLE V . CREDITS
5.1 The Corporation shall receive a credit from FPL, against reimbursable work performed by FPL
under this Agreement, for Betterment and Salvage.
ARTICLE VI - COST ESTIMATES AND BILLING
6.1 The Corporation shall pay FPL tor the full cost of Rearrangement of the FPL Facilities. FPL
shall provide the Corporation with a complete breakdown of the estimated cost to relocate the
FPL Facilities. The work to be performed by FPL will be in accordance with the construction
drawings attached hereto as Exhibit B. The estimate (not a bindi~- tigure) ot the cost thereot
in the amount of $58 t 558.00 is attached hereto as Exhibit C.
The cost estimate is valid only:
a. For a six-month period lollowing the date of the estimate or
b. As long as the scope of work has not been changed; whichever first occurs.
It the construction of the Rearrangement of the FPL Facilities has not commenced within six
months of the date of the initial cost estimated, a re-estimate shall be given if requested by the
Corporation prior to any commencement of Rearrangement by FPL. It the scope of work has
been altered on any individual work order, prior to any construction, FPL shall submit a revised
cost estimate which shall be approved by the Corporation prior to FPL commencing the
Rearrangement of the FPL Faciliti~s. These scope of work changes are limited to any major
deviation trom the original relocation work which could cause either the credit ratio to change
or the reimbursable cost of the project to change by 10%. During construction, there shall be
prior approval of any changes in the scope ot work by both parties before the work can be
performed.
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6.2 Prior to the commencement of any Rearrangement of FPL Facilities under this Agreement,
- the Corporation shall pay the full estimated cost of such rearrangement. Upon
completion of the work, FPL shall, ,at the earliest date practicable furnish the
Corporation with a final and complete billing of all outstanding actual and indirect costs
incurred in connection with the performance of Rearrangement. Payment shall be made
within thirty-five (35) days of the rate of invoice. The Corporation shall have thirty-five
(35) days from the date of an invoice to approve the invoice and any accompanying
information supplied by FPL. Failure to provide FPL with written notice to the contrary
within the thirty-five (35) day period shall constitute approval by the Corporation of the
invoice against which payment must be remitted in full to FPL within thirty-five (35)
days of the date of the invoice. If payment by the Corporation is not postmarked
within thirty-five (35) days of the date of the invoice, then a late payment charge shall
be assessed in the amount of one and one-half (1 1/2) percent of the amount of the
billing per month, charged on a daily basis, or. highest interest allowable under law.
OR
- the Corporation shall obtain an irrevocable letter of credit in a form and drawn on a
bank suitable to FPL in the amount of the full estimated cost of such rearrangement.
Such' amount shall be available to FPL on its sight drafts and shall be drawn against
by FPL to defray the costs of the Rearrangements of the FPL Facilities. The letter of
credit shall be for a period of at least twelve months and shall contain a provision that
such expiration date may be extended automatically for an additional one year from the
present expiration unless ninety days prior to its expiration Corporation notifies FPL in
writing, certified mail or delivered by special courier, that Corporation elects not to so
renew the letter of credit.
After the letter of credit has been expended by FPL, Ff-L shall bill Corporation for
reimbursable expenses on a monthly basis. Payment shan be made within thirty-five
(35) days of the date of invoice. If payment by Corporation is not postmarked within
thirty-five days of the postmark of the billing, then a late payment charge shall be
assessed in the amount of one and one-half (1 1/2) percent of the amount of the
billing per month, charge.d on a daily basis or highest interest allowable under law.
6.3 Upon completion of the work, FPL shall, at the earliest date practicable furnish Corporation
with a final and complete billing of all costs incurred in connection with performance of
Rearrangement of the FPL Facilities.
ARTICLE VII . AUDITS
7.1 All cost records and accounts of FPL directly related to the work performed under the
Agreement shall be subject to audit by the Corporation for a periOd of two years from the
completion date of all work hereunder. Any such audits shall be performed by the Corporation
and in accordance with t~e following conditions:
(a) the Corporation shall provide FPL with thirty (30) days written notice requesting an
audit, and
(b) the specific time of audit must be mutually agreed to, and
(c) information required for audit purposes shall be accounts and records kept by FPL
directly related to Rearrangement and reimbursable costs, and
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(d) the Corporation may request only information reasonably required by it concerning
Rearrangement and such request for information shall be in writing and shall include
the purpose of the audits, and
(e) FPL shall make available the requested information at its offices during normal
business hours, Monday through Friday, and
(f) the Corporation shall bear any costs associated with any audits, including FPL costs, if
any, and
(g) information available under this Agreement shall not be used in any manner
whatsoever which would violate any law or regulation.
ARTICLE VIII . GENERAL CONDITIONS
8.1 Benefit of AQreement. The provisions of this Agreement shall inure to the benefit of and bind
the successors and assigns of the Parties to this Agreement but will not inure to the benefit of
any third party or other person. However, this Agreement shall not be assigned by either party
except upon receipt of the prior written permission of the other party which permission shall not
be unreasonable withheld.
8.2 Nonwaiver. The failure of either Party at any time to require performance by the other party of
any provision hereof shall not affect the full right to require such performance at any time
thereafter. Neither shall the waiver by either Party of a breach of the same provision or any
other provision constitute a waiver of the provision itself.
8.3 Limitations of Liability. Neither Party shall be liable in contract, in tort (including negligence), or
otherwise to the other Party for any incidental or consequential loss or damage whatsoever
including but not limited to loss of profits or revenue on work not performed, for loss of use or
underutilization of the Party's facilities, or loss of use of revenues or loss of anticipated profits
resulting from either Parties' performance, nonperformance, or da1ay in performance at their
obligations under this Agreement.
8.4 Indemnification. The Parties agree that in consideration of this Agreement and FPL agreeing to'
Rearrange its facilities and Corporation r-.greeing to re,imburse FPL for such Rearrangement,
the Corporation shall indemnify" defend and hold harmless FPL, its parent, subsidiaries or
affiliates and their respective officers, directors and employees (FPl Entities) from and against
any liabilities whatsoever, occasioned wholly or in part by the negligence of the Corporation, its
contractors, subcontractors or employees, including attorney fees, for injury to or death of
person(s) and property damage arising or resulting in connection with any activity associated
with work or service under this agreement, EXCEPT if the liability arises out of a claim made
by an employee of the Corporation, its contractors or assigns, the Corporation shall indemnify
FPL Entities whether or not the damage or liability is due to or caused by the sole negligence
of FPL Entities. The Corporation's obligation to protect, defend and hold FPL Entities free and
unharmed against such liabilities shall extend up to, but shall not exceed the sum of
$1,000,000 combined single limit for injuries to or death of person(s) or damage to existing
property arising out of a single occurrence, except in the event Corporation is insured for
liability with limits in excess of $1,000,000 combined single limit for injuries to or death of
person(s) or property arising out of a single occurrence, Corporation's said obligations shall
extend up to but shall nct exceed the limits of that insurance. Corporation's costs of defending
FPL Entities, including Corporation's attorneys' fees, are excluded from and are in addition to
the aforesaid limitation of liability for injury, death and property damage.
9
r=............. '1C;~t:; P;lljt'lP. q (Nnn.C:tnrLr..,n RAV l/q1
.
8.5 Insurance, If the Corporation utilizes its own personnel in the construction or maintenance work
around the subject facilities. the Corporation shall furnish FPL with evidence of insurance
maintained by Corporation on FPL Form 1364-20 insuring FPL Entities from liabilities assumed
under the above indemnification. Said insurance shall contain a broad form contractual
endorsement.
In the event that the policy is on a "claims made" basis, the retroactive date of the policy shall
be the effective date of this Agreement or such other date as to protect the interest of FPL.
Furthermore, if the policy is on a "claims made" basis, the coverage shall survive the
termination of this Agreement until the expiration of the maximum statutory period of limitations
in the State of Florida for actions based in contract or in tort (currently, five years); if coverage
is on an "occurrence" basis, such insurance shall be maintained by the Corporation during the
entire term of this Agreement. The policy shall not be cancelled or materially altered without at
least thirty (30) days written notice to FPL.
The Corporation shall provide FPL with evidence of such liability insurance coverage on FPL
Form 1364.20, without modification; a copy of such Form is attached hereto as Exhibit D. A
copy of the policy will be made available for inspection by FPL upon reasonable request.
8.6 Contractor Indemnification. The Corporation further agrees to include the following
indemnification in all contracts between the Corporation and its general contractors who
perform or are responsible for construction or maintenance work on or around the subject FPL
Facilities:
"The Contractor hereby agrees to release indemnify, defend, save and hold harmless the
Corporation and FPL, its parent, subsidiaries, affiliates or their respective officers, directors, or
employees, from all claims, demands, liabilities and suits whether or not due to or caused by
negligence of the Corporation or FPL for bodily injuries or death to person(s) or damage to
property resulting in connection with the performance of the described work by Contractor. its
subcontractor, agents or employees. This indemnification shall extend up to but shall not
exceed the sum of $1,000,000.00 for bodily injury or death of person(s) for anyone occurrence
and $300,000.00 for property damage for anyone occurrence. In the event Contractor is
insured for liability with limits in excess of $1,000.000.00 for injuries to or death of person(s)
arising out of a single occurrence and $300.000.00 for damage to property arising out of a
single occurrence. In the event the Contractor is insured for liability with limits in excess of
these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of
that insurance." Contractor's costs of defending Corporation and FPL. including attorneys' fees,
are excluded from and are in addition to the aforesaid limitation of liability for injury, death and
property damage.
8.? Contractor Insurance and Notice. The Corporation agrees to require its Contractors to obtain
insurance to cover the above indemnity and further agrees to verify with its contractors that
such insurance is in full force and effect. The Corporation shall provide FPL Group Inc.'s Risk
Management Department with notice of the name and address of Corporation's Contractors as
specified in section 8.6 above, prior to the time FPL commence Relocation of FPL facilities.
10
- " ~ , .....,
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8.8 Modification of Aqreement. This Agreement may be modified, amended, or terminated at any
time by written agreement of the Parties authorized and executed with the same formality as
this Agreement. In the event that this Agreement is terminated due to the cancellation or
indefinite suspension of work in furtherance of the Corporation's facilities, the Corporation shall
reimburse FPL for the costs of rearrangement already incurred which shall include all
engineering cost incurred in the design of the original relocation and for the costs, if any,
necessary to place FPL's facilities, including replacement facilities in the process of
construction, into a permanent condition suitable to provide continuous, reliable electric service
to the public in accordance with all applicable laws, regulations, and FPL's usual practices as
set forth in Article III hereof; provided, however, that nothing herein shall be construed to
modify or abrogate FPL's legal duty to mitigate damages,
8.9 Effect of HeadinQs. The headings set forth herein are for convenience only and shall not be
deemed to modify or affect the rights and obligations of the Parties to this Agreement.
8.10 FPL Consent to RearranQements. FPL agrees to the rearrangement of its facilities to the
extent necessary to eliminate Conflicts With the Corporation's Facilities in accordance with the
terms and conditions of this Agreement.
8.11 Notice under this Aqreement. All notices or other communications to either Party by the other
shall be made in writing and addressed as follows:
To the Corporation: City of Delray Beach
Attn: Howard Wight
100 NW 1 Avenue
uelray Beach, FL 33444
.. -
-
With Copies to: ..
.
To FPL: Bruce M. Jamison
Florida Power & Light Company
P.O. Box 2409
Uelray Beach, FL 33447
With Copies to: Dennis LaBelle, Principal Engineer
DES/GO
Florida Power & Light Company
P.O. Box 029100
Miami, FL 33102
11
~ ..,......,.. "........ 11 ,..._... .........~..._<"4, Q,." 1 101
., ,
.
.
8.12 DeleQation of Power and Duties. Concurrent with the execution of this Agreement, the following
persons shall be designated as the authorized representatives of the Parties for the purposes
of this Agreement:
To the Corporation: City Of Delrav Beach
Attn:
For FPL: Bruce M. Jamison. Distribution Planner
Florida Power & light Company
Any such designation may be amended upon the provision of such notice specified above, in
Article V111.8.11 hereof.
8.13 Force Maieure
(a) Neither Party shall be liable or responsible for any delay in the performance of, or the
ability to perform, any duty or obligation required by this Agreement in the event of a
force majeure occurrence. Such occurence shall include, but shall not be limited to
acts of civil or military authority (including courts or administrative agencies), acts of
God, war riot or insurrection, inability to obtain required permits or licenses, blockades,
embargoes, sabotage, epidemics, fires, unusually sever~: floods or weather, strikes,
lockouts or other labor disputes or difficulties. The obligation of either party to pay
money in a timely manner is absolute and shall not be subject to the force majeure
provisions. Force majeure as used herein means, without limitation, any cause or
event not reasonably within the control of FPL or the Corporation.
.
(b) In the event of any delay resulting from a force majeure circumstance the time for
performance hereunder shall be extended for a period of time reasonably necessary to
overcome the effect of such delays.
(c) In the event of any delay or nonperformance caused by a force majeure circumstance,
the Party affected shall promptly notify the other in writing.
8.14 Severabilitv. In the event that any of th3 provisions, or portions or applications thereof, of this
Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the
Corporation and FPL shall negotiate an equitable adjustment in the affected provisions of this
Agreement with a view toward effecting the purpose of this Agreement, and the validity and
enforceability of the remaining independent provisions or portions or applications thereof, shall
not be affected thereby.
12
, '
.
~ ."
8.15 Effective Date, This Agreement shall become effective upon execution by the Parties and shall
continue in effect until completion of all Rearrangement work by FPL. unless otherwise
provided herein, or earlier termination in accordance with this Agreement.
8.16 Complete Aqreement. This Agreement signed by the authorized representatives of both Parties
constitutes the final written expression of all the terms of the agreement between the Parties
and is a complete and exclusive statement of those terms. Any and all prior or
contemporaneous course of dealing, representations, promises, warranties or statements by the
Parties or their agents, employees, or representatives that differ in any way from the terms of
this written Agreement shall be given no force or effect.
IN WITNESS WHEREOF, the Parties have executed this Relocation Agreement, to be effective
as of the date first above written.
City of Delray Beach
CORPORATION
BY:
Title
DATE:
Attest:
(SEAL) . -
Secretary . -
FLORIDA POWER & LIGHT COMPANY
~
BY:
Vice President
DATE:
Attest:
. (SEAL)
Secretary
13
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Exhibit lIell
This estimate FLORIDA POWER & LIGHT COMPANY Pag_ _ of _
lIal id through: SUMMARY ESTIMATE OF COST
06/^4'93 FOR: city of del ray bch FOR COIlST. / LIKE FOR LIKE ESTIMATE
~ I PROJ OESC: RELC INTACOASTAL FEEDER
i w~ .SC: I PROJECT: 416507010000
WORK ORDER: 4165-07-010
f REMOVALS INSTALLATIONS & MAINTENANCE
i
! SALVAGE REMOVAL ITEM ITEM
I
I CREDIT COST COST TOTAL
I
i (A) ENGINEERING
I Labor
* Additives 71.02X of Labor
Transportation & Miscellaneous Expenses
I Applied Engineering 10,588
I
I Sub-Total 10,588
I (B) LAND & LAND RIGHTS (RIGHT OF ~AY)
Labor
* Additives 29.26X of Labor
Transportation & Miscellaneous Expenses
Purchase and/or Easements
Payment to Contractor
* Additives O.OOX of Contractor
Sub-Total
:
i (C) COIlSTRUCTION
I 231 Labor 5.554
I 41 * Additives 17.76X of Labor 986
88 Transportation & Miscellaneous Expenses 2,111
491 Material 26,501
( 49) * Stores Handling 10.02X 2,656
Payment to Contractor
* Additives O.OOX of Contractor
442 360 Sub-Total 37,814
(D) OTHER MAINTENANCE
Labor . 802
* Additives 17.76X of Labor . - 142
.
Transportation & Miscellaneous Expenses 305
Material 457
I * Stores Handling 10.02X 46
Payment to Contractor
I * Additives O.OOX of Contractor
I I Sub' Total 1,752
:~
OVERHEAD COSTS 49.46X of Total Labor and Payments to Contractor,
135 their Additives and Applied Engineering 8,939
442 495 TOTALS 59,093
I RECAPITULATION OF COST ESTIMATE
Total Installation and Transfer Cost 59,093
Removal Cost 495
Salvage Credit $( 442) 442
SUBTOTAL 59,146
: Expired Service Life Credit ( )
~ Betterment or Non-Reimbursable Work Credit ( )
I Total Credits ( )
Credit Ratio . X
Net Replacement Cost \ 59,146
" res H~n~, TaX^~ &,'~su anee ~nd Pension & ~elfare estimated at Approved Rates. ,-;/7 /) I~ For~ 8n (NS) Rev. 8/91
Engineer - ,;,..",..., '-,/' ~ Submitted by 1".1 '-'" I ~~
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Exhibit IICII
This estimate FLORIDA POWER & LIGHT COMPANY Page _ of -
val id through: SUMMARY ESTIMATE OF COST
01 '93 FOR: city of delray bch FOR CONST. / LIKE FOR LIKE ESTIMATE
r I PROJ DESC:.VETERAN'S PARK REMOVAL OF OH LINE
i ~~ JESC: VETERAN'S PK I PROJECT: 416402010000
! WORK ORDER: 4164'02-010
I REMOVALS INSTALLATIONS & MAINTENAIlCE
i SALVAGE REMOVAL ITEM ITEM
I CREDIT COST COST TOTAL
(A) ENGINEERING
Labor
* Additives 71.02X of Labor
Transportation & Miscellaneous Expenses
Applied Engineering 195
Sub' Tota l 195
I (B) LAND & LAND RIGHTS (RIGHT OF WAY)
I
I Labor
* Additives 29.26X of Labor
Transportation & Miscellaneous Expenses
I Purchase and/or Easements
I Payment to Contractor
I * Additives O.OOX of Contractor
I Sub-Total
(C) CONSTRUCTION
2,235 Labor 153
397 * Additives 17.76X of Labor 21
849 Transportation & Miscellaneous Expenses 58
5,012 Material 416
( 502) * Stores Handling 10.02X 42
Payment to Contractor
* Additives O.OOX of Contractor
4,510 3,481 Sub-Total 696
(D) OTHER MAlNTENANCE
Labor - 169
* Additives 17.76X of Labor .. - 30
..
Transportation & Miscellaneous Expenses 64
I Material 62
* Stores Handling 10.02X 6
! Payment tD Contractor
,
, * Additives O.OOX of Contractor
i
I Sub-Total 331
,
i OVERHEAD COSTS 49.46X of Total Labor and Payments to Contractor,
1,302 their Additives and Applied Engineering 284
I 4,510 4,783 TOTALS 1,506
I RECAPITULATION OF COST ESTIMATE
Total Installation and Transfer Cost 1,506
Removal Cost 4.783
Salvage Credit $( 4,510) 4,510
SUBTOTAL 1,779
Expired Service Life Credit ( )
i Betterment or Non-Reimbursable Work Credit ( )
i Total Credits ( )
I Credit Ratio .
X
Net Replacement Cost ,\ 1,779
,res Ha~g, Taxes &if&:UII'0 and Pens,~on & Welfare estimated at Approved Rate~__ J ~r~ 871 ( NS) Rev. 8/91
Engineer""--' j I., L...............----. Submitted by.' .. __ /1
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Date . 2b7J ,/ Dist. svm'-r WO R~ ;::1 Work Order I Blanket ILocon Code
I. I - ?A I;: J1 A .L 1 L~ E~ No. 01.0
121 I g-' '-"II~ WORK ORDER. I ,.. I nNI V
D~5rIPTIVE TNr- I FOR 1:. 1& T~R..u VIi"T~wANC PIC annn
TI l.
l.OCATlON A-y~ UII SPARK I ENGINEERING CLASS CODE URD Lots In Project
QUANTITY ENGINEERED BY J.lVE ORIGINATED BY J.lV~
TEM
I NSTAl.l. REMOVE Pole Line Feet Pole l.ine Feet Trench Feet I Duct Bank Feet Neutra' Callie Feet
on Dsbn Poles on Transm. Poles
Pun'S 560
g~x'~~f.ror ~ :i~n1:~~~f.'~~/~...i'Al 600V 3KV 5KV 15KV 23KV
Transformer i BURIED I
Wire (Feet) L SUBMARINE I\?.:l~~,.. :~. . i\~~.Ii1!P;p/~~"i .~.~~~
. ~ ..... , :'
YES F I
SUBSTANTIAl. BETTERMENT: T OTHER
MAN AUTHORIZED ACTUAL CUSTOMER PAYMENT (EXPLAIN ).-J~_~~;'t'~,."
HOURS TOTAl. COMPANY CON. TOTAl. COMPANY CON. CONTRIBUTION OTHER
CREWS TRACTORS CREWS TRACTORS
TOTAl. 29 Cash S Total $
OH Material & l.abor S
DU Total S
au 29
No. 01 EAR Amount COORDINATE WITH Total Auth. Ratio Total Cost Salvage Authorized
Customers wo NO. IIIL ER L.OeIN I wo NO leL EIt I LOC'N Amt. ofJoll Amount
All WO'S
I I I I n% ~1..t..1 ~,..t..,
NET CHANGE I FPl. I 1, APPROVED: DATI:
IN NUMBER 0" APPROVED/AUTHORIZED
'TAEET eIGHTS I CUST I
OWNED BY e
2, CctSTVtfNLY _ NOT FOR OATE 3, CmV~L Y _ NOT FOR DATE
"I' I r . .-. . ---. . A. I" "."1 Iii! I La. I .UN
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.. COS'TV~LY - NOT FOR OATE 5. tmV'tfNLY - NOT FOR DATE
...tol I ' . I I IN &1 I ....... I l.a I 111_
e. AUTHORIZED: OATE 7, APPROVED FOR ACCOUNTING. DATI:
A B C D ESTIMATE 01" COST E . G ".
RETIREMENTS Items in Plant Account. P ........TV ADDITI.", .'"ATOO''' .
, rlglnal Sllnge Removal Pole Removal Blanket. R AMOUNT (DoUars only! "
Serv. & Meter Blanket. S Labor, .' ,!!; .
Olt Cost Vehicle" . Materials Other' ". ".
. 108,2 Acct. 108.4 Acct. 108.3 DESCRIPTION ACCT. NO. MIse. .. ',' 1:.,
1 nllrT C;:VC;: CTDI ,iI ?_~"" ?_~"''7
2 ~Nt:R E - '='C1C1!A 77.6. 77.6.
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Part 1 (White) . Accounting Department Part 2 (Yellow) . District Office Form 124 (Non.Stocked) Rev. 11/81
Part 3 (PInk) . District/Division Engineering DLV=DRC DR2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERl1v}
SUBJECT: AGENDA ITEM it l5V - MEETING OF JANUARY 12. 1993
RESOLUTION NO. 1-93
DATE: January 8, 1993
This item is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
48 1/2 N.W. 3rd Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $2,389.20 remains unpaid.
Recommend approval of Resolution No. 1-93 assessing costs to
demolish an unsafe building on property located at 48 1/2 N.W. 3rd
Avenue.
, ,
.
RESOLUTION NO. 1-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
I with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
I public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
I ing was to be vacated and that the building was to be repaired or
I demolished; work must be begun within sixty (60) days and all work must
I be completed within such time as the Building Official determines, said
notice also advised that all appealS must be filed within thirty (30)
days from the date of service of the notice and failure to file an
I appeal 'or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
II as shown by
the report of the City Manager of the City of Delray a copy of which is
, ,
. '
II I
11
i
II attached hereto and made a part hereof, are hereby levied against the i
II parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within i
I
II thirty (30) days after mailing of the notice described in Section 165.42
I become a lien upon the respective lots and parcel(s) of land described ,
I I
i in said report, of the same nature and to the same extent as the lien !
I for general city taxes and shall be collectible in the same manner and
I with the same penalties and under the same provisions as to sale and
I
! foreclosure as City taxes are collectible.
i
I Section 2. That legal, valid and
I such assessments shall be
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess1
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of'said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained I
herein shall become due and payable thirty (30) days after the mailing \
date o~ the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAYOR
ATTEST:
City Clerk
I
I - 2 - Res. No.1-93
'. '
NOTICE OF ASSESSMENT
Date
TO: Lois Bonner. MA Blue and Glen Holt estate
ADDRESS: 5H SW 5th Avenue, Delray Beach, Fl 33444
PROPERTY: 48, NW 3rd Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 11. Block 36. Town of Delray according to Plat
Book 5. Page 38 of the official records of Palm Beach County, Fl
-
You, as the record owner of J or holder of an interest in. the above-
described property are hereby advised that a cost of $2.389.20 by resolution
of the City Commission of the City of Delray Beach, Florida. dated
- . 1992, has been levied against the above-described prop~rty.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 3-27-92
that the Building Official has determined that a building located on the
above-described property ,,,as unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatftd on an emergency basis by the City,
X You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining, appeal.
You have also failed to take the corrective action required by
the notice of the Building Official,
You appealed the decl::.1on of the Building Official to the Boa1:d
of Construction Appeals. You were given written notification.on
that you ,,,ere required to take the C01:rective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
. The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on tIle above-described property on 8-17-92
at a cost of $2.389.20 which includes a ten percent ( 10%) administrative
fee. If YOII faU. to pay this cas t \l/J tld,n thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
, '
.
Copy of all notices referred to in this notice are available in the
office of the Duild~ng Official,
BY ORDER OF THE CITY COMMISSION.
\ '
City Clerk
, '
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ty1
SUBJECT: AGENDA ITEM # ~" - MEETING OF JANUARY 12, 1993
RESOLUTION NO. 2-93
DATE: January 8, 1993
This is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
401 Southridge Road. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $87.03 remains unpaid.
Recommend approval of Resolution No. 2-93 assessing costs to
board up an unsafe building located on property at 401 Southridge
Road.
. ,
.
II I
II
RESOLUTION NO. 2-93
"
Ii A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
;1
Ii BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
iI
:1 ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
!I
I: FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
,I LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of la~d,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
II and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
I describing the nature of the violations and sent notices that the build-
I ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within Sixty (60) days and all work must
I be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
I days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE. CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
. ,
" I
I
,
I
I
I !
attached hereto and made a part hereof, are hereby levied against the i
parcel(s) of land described in said report and in the amount(s) indi- I
II cated thereon. Said assessments levied shall, if not paid within I
so I
thirty (30) days after mailing of the notice described in Section 165.42
become lien upon the respective lots and parcel(s) of land described ,
a I
!I in said report, of the same nature and to the same extent as the lien
I for general city taxes and shall be collectible in the same manner and I
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible. I
Section 2. That such assessments shall be legal, valid and I
binding obligations upon the property against which said assessments are ,
levied. I
I
Section 3. That the City Clerk of the City of Delray Beach is I
hereby directed to immediately mail by certified mail, postage prepaid, I
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty i
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six I
percent (6%) per annum plus reasonable attorney's fee and other costs of I
,
collection. !
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
I fee.
PASSED AND ADOPTED in regular session on this the day
I of , 1993.
MAY 0 R
ATTEST:
City Clerk
I - 2 - Res. NO.2-93
I
, '
NOTICE OF ASSESSMENT
Date
TO: Resolution Trust Corporation
ADDRESS: c/o Faber and Gitlitz, P.A., 1570 Madruga Avenue, suite 300, Coral Gables, FI
33146
PROPERTY: 401 Southrid~e Road, Delray Beach, FI 33444
LEGAL DESCRIPTION: Lot 3, Block 5, Plat 2 of 2 Southridge, according to Plat
Book 13. PaRe 39 of the official records of Palm Beach County, Fl.
You, as the record o'Wner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $87.03 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
- , 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 10-1-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining, appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
. The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 10-13-92
at a cost of$87.03 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
" '
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
I
'. '
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[/ft,1
SUBJECT: AGENDA ITEM it q, "'" - MEETING OF JANUARY 12. 1993
RESOLUTION NO, 3-93
DATE: January 8, 1993
This item is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
31 N.W. 6th Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $2,310 remains unpaid.
Recommend approval of Resolution No. 3-93 assessing costs to
demolish an unsafe building on property located at 31 N.W. 6th Avenue.
, '
I
I
I RESOLUTION NO. 3-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
I FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
I LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
I OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representa ti ve has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
II Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
I with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
I building was manifestly unsafe and is considered a hazard to life and
I public welfare pursuant to Chapter 165, of the Code of Ordinances
I describing the nature of the violations and sent notices that the build-
! ing was to be vacated and that the building was to be repaired or
I demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
II notice also advised that all appeals must be filed within thirty (30)
I days from the date of service of the notice and failure to file an
I appeal or to make the repairs required that the Building Official would
I have the authority to have the building demolished from the date of the
I, said notice; and,
WHEREAS, all the notice requirements contained within Chapter
i 165 have been complied with; and,
I WHEREAS, neither an appeal to the Board of Construction Appeals
II or corrective action was undertaken in accordance with the order of the
I Chief Building Official; therefore pursuant to Section 165.41 the Build-
II ing Official caused the abatement action to be done; and,
Ii WHEREAS, the City Manager of the City of Delray Beach has,
II pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE. CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
II Section 1. That assessments in the amount of
:1 as shown by
L the report of the City Manager of the City of Delray a copy of which is
iI
. '
I ,
I
I
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible. .
Section 2. That such assessments shall be legal, valid and i
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is i
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such I
ownership appears upon the records of the County Tax Assessor, notice(s) :
that t~e City Commission of the City of Delray Beach has levied an assess1
ment against said property for the cost of abatement action regarding an \
unsafe building by the thirty (30) days after the mailing date of said I
,notice of assessment, after which a lien shall be placed on said proper- !
ty, and interest will accrue at the rate of six percent (6%) per annum, I
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days frol!l the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
I placed on said property(s), and interest shall accrue at the rate of six
I percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
I Section 5. That in the event that payment has not been re-
II ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
I County, Florida, and upon the date and time of recording of the certi-
I fied copy of this resolution a lien shall become effective on the
I subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAYOR
ATTEST:
City Clerk
- 2 - Res. NO'3-93
.. '
NOTICE OF ASSESSMENT
Date
TO: c.p 11 i @ Gadson"
ADDRESS: 135 NW 6th Avenue. Delrav Beach, FI 33444
PROPERTY: 31 NW 6th Avenue. Delray Beach, Fl 33444
LEGAL DESCRIPTION: S50' of N250' of W135' of Block 20, Town of Delray
according to Plat Book I, Page 30 of the official records of Palm Beach County. FI
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $2.310.00by resolution
of the City Commission of the City of neIray Beach, Florida, dated
, 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 8-5-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and tllat the action
would be inltiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining, appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
. The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 11-19-92
at a cost of $2,310.00 which includes a ten percent (l0%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
, '
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
.
,
, '
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERff)v1
SUBJECT: AGENDA ITEM #' <b ~ - MEETING OF JANUARY 12. 1993
RESOLUTION NO. 4-93
DATE: January 8, 1993
This is a resolution assessing costs for abatement action
required to remove nuisances on 17 properties located within the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No. 4-93 assessing costs for abating
nuisances on 17 properties located within the City.
, '
.
..,~
I I-
I
RESOLUTION NO. 4-93 I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY [
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ,
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS I
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that wi thin ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
wi thin ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
,
. '
I
,I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
:1 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 199~.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 4-93
'I'
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 16, BLOCK 35, TOWN OF DEL RAY GRACE BARNETT ,$ 39.42
PB 1, P 3, PUBLIC RECORDS,PALM 1401 39TH STREET 70.00 (ADM. COST)
BEACH COUNTY, FL W. PALM BEACH,FL 33407 (RECORDING)
(309 N. W. 1ST STREET)
LOT 19, BLOCK 2, ATLANTIC PARK J. D. & EARLINE MONROE $ 47.16
GARDENS DELRAY, PB 14, PS6, 32 EARLE STREET 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM BEACH HARTFORD, CT 06120 (RECORDING)
COUNTY, FL
(39 S.W. 13TH AVE.)
LOTS 1 & 2, BLOCK D, JOHN B. STIPAN GROUP, INC. $163.03
REIDS VILLAGE, PB 21, P 95, PENTHOUSE E 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM BEACH 2929 E. COMMERCIAL BLV. (RECORDING)
COUNTY, FL FT. LAUDERDALE, FL33308_
(115 VENETIAN DRIVE)
LOT 39, DELRAY BEACH ESTATES, GERALD J. SOLOMON $176.44
PB 18, P 39, PUBLIC RECORDS OF 17096 NORTHWAY CIR. 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOCA RATON, FL 33496 (RECORDING)
(2345 N. FEDERAL HWY.)
LOT 13,BLOCK 3, LAKE IDA SHORES, DOMINESSY CUSTOM BLDRS. $ 19.10
PB 25, P 54, PUBLIC RECORDS OF 4746 S.W. 82ND AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL FT. LAUDERDALE,FL 33328 (RECORDING)
(508 N.W. 8TH AVE.)
----
)
_._.._H__
N50' OF S356.4' OF E135' OF ADELENE JENKINS $189.82
BLOCK 24, TOWN OF DELRAY, PB 1, 2076 ILENE COURT #3 70.00 (ADM. COST)
P 3, PUBLIC RECORDS OF PALM BEACH DELRAY BEACH, FL 33445 (RECORDING)
COUNTY, FL
(322 S.W. 5TH AVE.)
S 1/2 OF LOT 19 & LOT 20,BLK. 88, CARTERET BANK $ 39.42
LINN'S ADDITION TO OSCEOLA PARK, C/O MASON & ASSOC. 70.00 (ADM. COST)
PB 1, P 133, PUBLIC RECORDS OF 18167 U.S. 19 NORTH (RECORDING)
PALM BEACH COUNTY, FL q..EARWATER, FL 34624
(330 S.E. 3RD AVE.)
- 3 - Res. No. 4-93
, '
- -
,
,
El/2 OF LOTS 14 & IS, BLOCK 2, MARIE CULLERTON $213.30
KENMONT, PB 20, PAGE 65, PUBLIC ROBERT DEAN & JEAN 70.00 (ADM. COST)
RECORDS OF PALM BEACH COUNTY, FL SCHAEFFER (RECORDING)
(850 BOND WAY) C/O TONNESSEN
700 E. ATLANTIC BLVD.
POMPANO BEACH,FL 33060
LOT 4, ROSEMONT VILLAS UNIT B, ROBERT J. & CHRISTIANA $ 50.16
PB 29, P 183, PUBLIC RECORDS OF JACQUES 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 1841 N.W. 2ND TERRACE (RECORDING)
(819 S.W. 6TH AVE.) POMPANO BEACH,FL 33060
SLY120' OF ELY150' OF LOT 5 ANAZA, INC. $ 39.42
W OF FEDERAL HWY., HARRY SEE- C/O METRIUM REALTY 70.00(ADM. COST
MILLER SUB., PB 9, P 72, PUBLIC 1395 S. STATE RD. 7,*207 (RECORDING)
RECORDS OF PALM BEACH COUNTY,FL N. LAUDERDALE, FL 33068
(1314 N. FEDERAL HWY.)
LOT 34, BLOCK 10, OSCEOLA PARK, RICHARD A. & RENEE C. $ 7.94
PB 3, P 2, PUBLIC RECORDS, PALM GALLO 70.00 (ADM. COST)
BEACH COUNTY, FL 8204 LITTLE BETH DR. E. (RECORDING)
(909 S.E. 2ND AVENUE) BOYNTON BEACH,FL 33437
LOT 23, BLOCK 4, ODMANN'S SUB. LEON I. & GAIL R.JENKINS $ 34.42
PB 4, P 53, PUBLIC RECORDS OF 16049 RIO DEL SOL 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33446 (RECORDING)
(21 S.W. 14TH AVE.)
LOT 7, BLOCK 26, TOWN OF DEL- ABISSET CORP., INC. $ 27.68
RAY, PB 5, P 64, PUBLIC RECORDS P.O. BOX 7123 70.00 (ADM. COST)
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (RECORDING)
(226 N.W. 4TH AVE.)
S30' OF N90' OF E135' OF BLK. REBECCA HAYES $ 23.68
10, TOWN OF DELRAY, PB 1, P 3, C/O EDWARD DEMPS 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM BEACH P.O. BOX 3099 (RECORDING)
COUNTY, FL FT. PIERCE, FL 34948
(242 N.W. 6TH AVE.)
LOT 19, BLOCK 1, ODMANN'S SUB. O.W. & MILDRED BURROUGHS $ 51.16
PB 4, P 53, PUBLIC RECORDS OF 243 BILBOA STREET 70.00 (ADM. COST)
PALM BEACH COUNTY, FL ROYAL PALM BEACH,FL 33411 (RECORDING)
(N.W. 13TH AVE.)
E50' OF S135' OF BLOCK 3,TOWN ARIDEEN CLOSE $ 39.42
OF DELRAY, PB 1, P 3, PUBLIC C/O BENJAMIN BALDWIN 70.00 (ADM. COST)
RECORDS OF PALM BEACH COUNTY, FL 1392 LAWRENCE ROAD (RECORDING)
(701 N.W. 1ST STREET) DELRAY BEACH,FL 33445
- 4 - Res. No. 4-93
" ,
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E37.3' OF W62.3' OF S93' HENRY R. DAVIS $ 23.68
OF BLOCK 11, TOWN OF DELRAY, 301 S.W. 8TH COURT 70.00 (ADM. COST)
PB 1,P 3, PUBLIC RECORDS OF DELRAY BEACH, FL 33444 (RECORDING)
PALM BEACH COUNTY, FL
(621 N.W. 1ST STREET)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
- 5 - Res. No. 4-93
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[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: January 8, 1993 City Attorne~
To: City Commission
From: Jeffrey S. Kurtz,
Subject: Randall Shaw v. William Wagner and Glenn Goss
Retention of Outside Counsel; Our File #05-92.045
This case involves alleged excessive use of force giving rise
to the cause of action under 42 U.S.C. Sec. 1983 against one
Randall Shaw on December 17, 1989. Plaintiff alleges that
Officers Wagner and Goss participated in a beating causing him
serious injuries. While the City believes that Mr. Shaw's
allegations are totally without merit, the nature of the
allegations against the officers preclude the City Attorney's
Office from representing them. At this point in time the City
has not been named in the lawsuit.
It is my recommendation that the City retain Scott A. Mager,
Esq. of the law firm of Weinstein, Zimmerman & Nussbaum, P.A.
to defend the officers in this matter at a cost of $100.00 per
hour.
Should you have any questions regarding this matter, please do
not hesitate to contact the City Attorney's Office.
JSK: jw
cc: William Wagner
Glenn Goss
fll
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
.
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 3Z. - MEETING OF JANUARY 12. 1993
AWARD OF BIDS AND CONTRACTS
DATE: January 8, 1993
This item is before you to approve the award of the following bids and
contracts:
1. South Water Reservoir Rehabilitati.on - Elkins Constructors,
Inc, in the amount of $746,000 with funding from Water and Sewer
Renewal and Replacement - South Reservoir Rehab (Account No.
442-5178-536-61.80); pending budget transfer.
2, Moveable Wall Partitions - Pompey Park - Gulfstream Shutters,
Inc. in the amount of $10,950 with funding from General
Construction Fund - Renewal and Replacement Office
Furniture/Fixtures (Account No. 334-6112-519-64.10).
3. Toro Groundsmaster Mower - Parks and Recreation - Hector Turf
in the amount of $12,615.78 with funding from Cemetery Fund -
Perpetual Care - Equipment Other (Account No.
667-4511-539-64.90).
4. Toro Reelmaster Mower - Golf Course - Hector Turf in the
amount of $19,639.44 with funding from Golf Course - Other
Equipment (Account No. 445-4761-572-64.90).
5. Housing Rehabilitation Awards - Various vendors and in the
amounts indicated below with funding from CDBG Housing Rehab.
(Account No. 118-1963-554-49.19):
510 S.W. 9th Street - Preston Construction - $17,215
313 N.W. 5th Avenue - Intercontinental Const. - $19,935
323 N.W. 6th Avenue - Intercontinental Const, - $16,343
6. Rehabilitation of Sanitary Sewers in Systems 17 and 18 -
Environmental Services - Insituform in the amount of $240,000,
with funding from Water and Sewer Renewal and Replacement -
Manhole Rehabilitation (Account No. 442-5178-536-61.84).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
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MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Director of Environmental Services
FROM: George Abou-Jaoude
Deputy Director of Public utilities
SUBJECT: BID AWARD/SOUTH WATER RESERVOIR
BID NO. 93-02; PROJECT NO. 91-01
DATE: December 14, 1992
Attached ' is a copy of the recommendation letter from Hazen &
Sawyer. This office reviewed the bids and agrees with Hazen &
Sawyer's recommendation to award this project to Elkins
Constructors, Inc.
Funding is from R&R account #442-5178-536-61.80.
GA: smm
ATT:
.
File: Memos to City Manager
Project No. 91-01 (D)
.
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HAzEN AND SA\WER Hazen and Sawyer, P. C,
2101 Corporate Blvd.
f'j'/lRr1N1A"'U L\': <':f' r';"'!CF::~ Boca Raton, FL 33431
Environmental Engineers & Scientists 407997-8070
q2 0/:"(' ~ Fax 407 997-8159
.I.. 'LL............ >='M ~. ..,....
1 t "'.:..J
~ .I . _ -.
December 1, 1992 (1. ~-:i._ ~ i ~J" L: 0
Mr. George Abou-Jaoude
Deputy Director Environmental Services
CITY OF DELRAY BEACH
434 South Swinton Avenue
Delray Beach, Florida 33444
Project No. 91-01
South Water Reservoir Rehabilitation proaram
Dear Mr. Abou-Jaoude:
On November 19, 1992, bids were received on the above referenced project. A total of nine bids
were received with Elkins Constructors, Inc., being the lowest bidder. Enclosed is a bid tabulation
for the project.
Based upon our review of the bids, it is our recommendation that Elkins Constructors be awarded
the contract. We are enclosing the Notice of Tentative Award for the City's authorization, We
are presently preparing the five copies of the Contract Documents and will have those available
this week.
If you have any questions, please contact me.
Very truly yours,
HAZEN AND SAWYER, P .C. .
~~
John A. Chesher, P.E.
Principal Engineer
Enclosure
c: Saade Chibani
"
File 4086-1.2
4086LOO5.BCA
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CIty of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date December 14, 1992
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: George Abou-Jaoude, Deputy Director of Public Utilities
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-90.41 Reserve for R&R $ 200,000
442-5178-536-61.80 R&R South Reservoir $ 200,000
(10) TOTAL $ 200,000 $ 200,000
.
JUSTIFICATION: This budget transfer is reQuested to fund the South Water Reservoir
Rehabilitation Proiect. - 91-01. Citv Commission ,1 on T 17 1qq1
(hopefullv) .
....
/I ~ ~
Department Head hC?&:'4 $#tfJ It. (Slfz. Asst City Manager
'--'" ,/ I City Manager
Budget Officer '
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
nRI(:;INAI -Rllnr:;FT ~AMARV_1=lI t: 1"'11" '" nr-1"'I ~ nT' Ir-.'T
. ,
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer :0:1"
DATE: January 4, 1993
SUBJECT: JANUARY 12, 1993 - BID AWARD - BID #93-11
WALL PARTITIONS FOR POMPEY PARK
Item Before City Commission:
The City Commission is requested to award the purchase of moveable
wall partitions to the low bidder, Gulfstream Shutters Inc., at a
total installed cost of $10,950. Per the Finance Department, f4nding
is from: (
) .
Background:
Funds are allocated in the FY 92-93 General Construction Fund Budget
for two (2) moveable Auditorium Wall Partitions for Pompey Park. A
total of $12,000. was budgeted.
Bids for these partitions were received on December 09, 1992 from
three (3) firms, all in accordance with City Purchasing procedures.
(Bid 1193-11. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review. These are replacement
partitions.
.
The Assistant Director of Parks & Recreation has reviewed the bids,
and recommends award to the low bidder, Gulfstream Shutters Inc., per
attached memo. It is the opinion of the Assistant Parks and
Recreation Director that the low bidder meets bid specifications.
Recommendation:
Staff recommends award to the low bidder, Gulfstream Shutters Inc., at
a total installed cost of $10,950. Funding as outlined above.
Attachments:
Tabulation of Bids
Memo from Parks & Recreation
c: Joe Weldon
Joe Dragon
,
OECEI'SER 09. 1992
TABULATI(Jof OF BIDS
BID 193-11
CPERf:lBLE WALL PMTITI(JofS
CITY OF DELRAV BeACH
PQIPEY PMK
Gulfstream Shutters Interior Acoustics Flex-Wall of Florida
QTY. DESCRIPTI(Jof Inc. Inc. Inc.
2 CPERABLE WALL PMTITICJoIS
EA. (IHCUJ)ES L.M:R AND $ 10,950.00 $ 15,295.00 $ 16,324.00 *
REI'DIAL OF OLD SVSTEI1)
Total Bid Price
~TY: Installation shall One Year One year on material
be guaranteed for a & workmanship under
period of no less normal use
than two years *
DELIVERY TII1E
AFTER RECEIPT 45 days 60 days Approx. 84 days
OF CR>ER
aJoI1BtlS/E>CCEPTICJoIS: * against defects * Panelfold Moduflex
in material and 400 STC 38
workmanship 35'0" Width
12'0" Height
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MEMORANDUM
TO: Ted Glas, Purchasing Director
FROM: J. Dragon, Assistant Director
Parks and Recreation Dept.
DATE: December 23, 1992
SUBJECT: Folding Doors at Pompey Park
Attached please find bid quotations for folding doors at
Pompey Park. Leonard Butler, Pompey Park Supervisor, and
myself met with Mr. Ralph Olesky of Interior Acoustics,
Inc. , and Mr. Troy Grant of Gulfstream Shutters, Inc. , to
discuss their respective bids. We did not meet with any
representatives of Flex-Wall of Florida, Inc. , because their
bid, $16,324, was more than 36% over budget.
While the bid from Interior Acoustics, Inc. ,$15,295. was
also over budget that company did submit a bid for the
specified item, Modernfold Doors. Gulfstream Shutters, Inc.
offered a substitute, Hufcor Doors, and was below budget at
$10,950. Based on our discussions and presentations by both
companies, we found that the doors offered by Gulfstream
meet our needs and our budget. Most of the features offered
by both companies are the same. The one significant
difference is that Modernfold uses a steel track and steel
rollers, while Hufcor uses an aluminum track and vinyl
plastic rollers. The existing original tracks at Pompey
Park are aluminum, and have not caused any problems in the
15 years they have been in place.
I, therefore, feel that the Hufcor doors are an adequate and
equal substitute and recommend that the contract be awarded
to Gulfstream Shutters Inc. Funding source: General
Constr~ t on Fund Number 334: - $12,000. (attachment)
Director
Dept.
cc: Joe Weldon, Director
File
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MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer V:J-
DATE: January 04, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 12, 1993 - PURCHASE AWARD -
One (1) 72" RIDING MOWER FOR PARKS DEPARTMENT
Item Before City Commission:
The City Commission is requested to approve the purchase of one (1)
72" Toro front-end rotary riding mower to Hector Turf, at a total
delivered cost of $12,615.78 Per the Finance Department, funding is
from: (
) .
Background:
Funds were allocated in the FY 92-93 budget to purchase this mower for
the cemetery. A total of $ is budgeted for this purchase.
The Taro Groundsmaster 72D mower is available via GSA Contract
#GS-07F-17977 at a delivered cost of $12,615.78 from Hector Turf, the
South Florida Toro dealer.
The Assistant Director of Parks & Recreation has reviewed the
contract, and recommends awa_d to Hector Turf, per attached memo.
Recommendation:
The Purchasing Officer concurs with the Park Department, and
recommends award to Hector Turf at a total delivered cost of
$12,615.78.
Attachments:
Letter from Hector Turf
Documentation on GSA Contract
Memo from Parks & Recreation
pc: Joe Weldon
Joe Dragon
'.
[ITY DF DELIAY BEA[H
100 N.W. 1st AVENUE . DElRA Y BEACH, FlORIOA 33444 . 407/243- 7000
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Dragon
Acting Director of Parks and Recreation
SUBJECT: 72" Taro Diesel Mower
DATE: December 23, 1992
Attached is a letter from Hector Turf indicating they will honor GSA
contract 'GS-07F-17977 and sell us a Toro Groundmaster 72D (diesel
mower) at the same price as last year ($12,615.78).
Please add to the consent agenda for City Commission consideration the
purchase of a 72" Toro Diesel Mower (Groundmaster 72D) with a
suspension seat and seat adapter in the amount of $12,615.78. This is
to be charged to account '667-4511-539-64.90.
.
Joe
Acti of Parks and Recreation
Attachment
JD:cp
.
Ref:recmower
THE EFFORT ALWAYS MATTERS
,
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1301 N.W. THIRO STREET I OEERFIELO BEACH. FL 33442
TEL: (305) 429-3200 . FAX: (305) ~7657
December 4, 1992
City of Delray Beach
Parks & Recreation Dept.
100 NW 1st Ave.
Delray Beach, FL 33445
Attn: Jan Slazky
Dear Jan:
Hector Turf is the Distributor of Toro Turf Equipment, and will honor the
GSA Contact #GS-07F-17977 to the City of Delray pgrks & Recreation Dept.,
in the amount of $12,615.78 for a Toro Groundsmaster 72D.
RJB/pla
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.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer ,~y-
DATE: January 04, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 12, 1993 - PURCHASE AWARD -
MOWER FOR GOLF COURSE
Item Before City Commission:
The City Commission is requested to approve the purchase of one (1)
Taro Reelmaster Mower from Hector Turf, at a total delivered cost of
$19,639.44. Per the Finance Department, funding is from:
Acct #445-4761-572-64.90( Capital Outlay- Other Mach/Equipment).
Background:
Funds were allocated in the FY 92-93 budget to purchase a greens
mower. The Golf Course is recommending that another tees and aprons
mower be purchased instead, per their attached memo.
Mowers are available via the Federal Supply Schedule, and the area
Toro dealer, Hector Turf, is offering additional discounts as noted on
attached documentation.
The Golf Course Manager has reviewed the contract and recommends the
purchase of a Taro Reelmaster 223D5100 mower, per attached memo.
.
Recommendation:
Staff recommends award of one (1) Toro Reelmaster mower to Hector
Turf, at a total delivered cost of $19,639.44 via the Federal Supply
Schedule with discounts.
Attachments:
Documentation on Federal Supply Schedule
Letter from Hector Turf
Memo from Golf Course
.
pc: Brahm Dubin
,
... ~~ /3/tb
.
Managed by Dubin & Associates Inc. ,
DONALD ROSS. 1923 f
,
MEMO
To: Brahm Dubin ovf;~
From: . Tom Arendt
Date: November 12, 1992 \("
RE: 5100 D Blade Hydraulic Mower
The improvement in cut as a result of the new Hydraulic mower
is excellent.
The machine is performing much better than expected.
We have been cutting aprons, tees, and collars along with
fairways and this has greatly improved the manicured look we
strive for.
The-problem we have is that we cut to much area for one machine.
In the past, we spent, (fall, winter, & spring), approximately
20 hours a week cutting fairways and 40 hours cutting tees,
collars, aprons, and fa~rway edges.
My capitol budget this year called for a new greens mower and
I was going to use the replaced unit to cut tees etc. However,
after seeing the new mower work and the benefits it provides. I
recommend that we purchase another. We will cut the above areas
in approximately 50 hours with a many fold increase in quality.
We paid $",600 for the 5100 D and another would bring the total
to 39,200 of the $50,000 capitol equipment budget.
TA/csl
2200 Highland Avenue · De/ray Beach, Florida 33445 · (407) 243-7385
,
.
- .
1301 N.W. THIRD STRIi&T I DEERFIELO BEACH. ill 33442
TEL: (30$) 4a.32OO. FAX; (305) 38G-7857
TO: City of Deltay Beach VIA FAX: 243-7166
Attn: Jan
FROM: Joe Limberg
DATE: October 19, 1992
Dear Jan:
Per our conversation, the NOn Appropriated Funds Federal Supply Schedule
"F41999-91-D-6079 for theleelmaster 2230/5100 has a total cost of
$20,572.06. We will give you a additional discount of $932.62. With
this additional discount it will bring your total price to $19;639.44.
011 Limberg
Sales Representative
Turf Products
.
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.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer ~.4-
DATE: January 05, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 12, 1993 - BID AWARD - BID #93-15
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award three (3) contracts to
contractors as listed below, at a total combined cost of $53,493. Per
the Finance Department, funding is from:
( ) .
Background:
The Community Development Division handles and processes their formal
bids on housing rehabilitation.
Property Contractor Amount
510 SW 9th Street Preston Construction $17,215.
313 NW 5th Avenue Intercontinental Canst. $19,935.
323 NW 6th Avenue Intercontinental Const. $16,343.
Recommendation:
Staff recommends award to th~ low bidders, as listed above, at a total
combined cost of $53,493.
Attachments:
Memorandum from Community Development
Bid Information Sheets
c: Lula Butler
.
,
I
.
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER B(
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~
DATE: JANUARY 4, 1992
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for three Housing Rehabilitation
Grant Awards. This request is in accordance with the City's
Community Development Division's approved Policies and
Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder, plus a 5% contingency. The
contingency may be used for change orders. All unused funds
remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. Contracts are executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
ensuring compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
.
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case file are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your
reference.
RECOMMENDATION
.
Staff recommends Housing Rehab Grants be awarded for the
following:
Casel Address Grant Amount
91-011HR 510 SOUTHWEST 9TH STREET $17,215.00
92-023HR 313 NORTHWEST 5TH AVENUE $19,935.00
9l-025HR 323 NORTHWEST 6TH AVENUE $16,343.00
HR2
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93-15HR
APPLICANT: MILDRED KENDRICKS
APPLICATION #: 91-011HR
PROJECT ADDRESS: 510 S.W. 9TH STREET
DATE OF BID LETTERS: DECEMBER 9, 1992
DATE OF BID OPENING: DECEMBER 21, 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
CSB CONSTRUCTION, INC. $
DYMOND CONSTRUCTION $ 28,713.00
GARY PURR $
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $ 18,645.00
JARED KANE CO., INC. $
MJD CONSTRUCTION SERVICES $
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $ 16,395.00
RAY GRAEVE CONSTRUCTION INC. $
.
SOUTH FLORIDA CONSTRUCTION $
SUNBAND BUILDER CONSTRUCTION INC. $
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $
IN - HOUSE ESTIMATE: $ 16,880.00
CONTRACTOR AWARDED CONTRACT: TOMMY PRESTON (PRESTON CONSTRUCTION)
BID/CONTRACT AMOUNT: $16,395.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
" ,
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID *: 93- 15HR
APPLICANT: JAMES YOUNG
APPLICATION #: 92-023HR
PROJECT ADDRESS: 313 NORTHWEST 5TH AVENUE
DATE OF BID LETTERS: DECEMBER 9, 1992
DATE OF BID OPENING: DECEMBER 21. 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
CSB CONSTRUCTION, INC. $
DYMOND CONSTRUCTION $ 39,865.00
GARY PURR $
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $ 19.935.00
JARED KANE CO., INC. $
MJD CONSTRUCTION SERVICES $
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
.
SOUTH FLORIDA CONSTRUCTION $
SUNBAND BUILDER CONSTRUCTION INC. $
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $
IN - HOUSE ESTIMATE: $ 19.495.00
CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP.
BID/CONTRACT AMOUNT: $19,935.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
.' ,
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93- 15HR
APPLICANT: VIRGINIA WHITE
APPLICATION #: 91-052HR
PROJECT ADDRESS: 323 NORTHWEST 6TH AVENUE
DATE OF BID LETTERS: DECEMBER 9, 1992
DATE OF BID OPENING: DECEMBER 21, 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
CSB CONSTRUCTION, INC. $
DYMOND CONSTRUCTION $ 18.718.75
GARY PURR $
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $ 15,565.00
JARED KANE CO., INC. $
MJD CONSTRUCTION SERVICES $
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
.
SOUTH FLORIDA CONSTRUCTION $
SUNBAND BUILDER CONSTRUCTION INC. $
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $
IN - HOUSE ESTIMATE: $ 15,165.00
CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP.
.
BID/CONTRACT AMOUNT: $ 15,565.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
I' ,
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CITY OF DELRAY BEACH
Environmental Services Department
TO: William H. Greenwood, Director ~~
FROM: Joseph W. Lontos, Utility Inspector
SUBJECT: Rehabilitation in Wastewater Collection Systems
17 and 18
DATE: January 6, 1993
It is recommended that the below-named Line Segments in
systems 17 and 18 be rehabilitated by use of Insituform's
Resin Impregnated Cured-In-Place lining system.
These lines are subject to a high degree of chloride
infiltration.
Due to the depth, distance below sea level and the nature of
the soil surrounding these pipes, complete replacement would
be extremely expensive. Insituform's RICIP system, for both
gravity mains and service laterals, though expensive, offers
the most cost efficient, long-term alternative.
The line segments involved are:
System 17
7-6 - 223' 8" VCP
6-5 - 163' 8" VCP
5-4 - 88' 8" VCP
4-3 - 405' 8" VCP
I
3-2 - 35' 8" V~
2-1 - 23' 8" VCP
system 18
41-36 - 185' 15" VCP
36-34 - 268' 15" VCP
34-31 - 84' 15" VCP
31-24 - 171' 15" VCP
24-11 - 164' 15" VCP
11-10 - 250' 15" VCP
10-02 - 270' 15" VCP
02-01 - 281' 15" VCP
Total Footages - 8" - 937'
15" - 1,673'
,.
.
Estimated Cost of project:
System 17 - $ 70,000.00
System 18 - $170,000.00
Total $240,000.00
Estimated Cost is based on prices listed in Palm Beach
County Contract #R91 1135D. Entered into between Palm Beach
County and Insituform Southeast, Inc.
.
,.
.
.
.t: " ' . , .
.J,
., 11350
, ..., . R91
~. ..
.. .
cONtRACT
This Contract is made as of the 27th da, of Au<Ju.... . 1991, by and
b.twe.n Pal. Beach County, a Political Subdivision of the Stat. of Florida, b,
and throuqh its Boardot Commissioners, hereinafter referred to as the COUNTY,
and In.itutorm ~outhea.t. Inc., 11511 Phillip. Hi9hwa, So., Jacksonvill., FL
32203, . a corlloration, authoriud to do busin.ss in the stat. of Florida,
hereinaft.r referred to a. the CONTRACTOR, whose Federal Employer Identification
Number i. 63-0817748.
In consideration of the mutual promises contained herein, the COUNTY and the
CONTRACTOR aqree as follows; -
ARTICLE 1 - SERVI~E@
The CONTRACTOR's responsibility under this Contract is to provide professional
servic.. in the area of pip.line reconstruction as more sllecificall, set forth
in the Scope of Kork and Specification. debiled in Exhibit "A".
Service. of the CONTRACTOR shall b. under the qeneral direction of r.c. Lawton
HcCall, Director of Capital Improvem.nts, Water Utiliti.s, Inqineerinq Divi.ion.
telephone (407) 641-3429, who .hall .ct a. the Count,'. repr..ent.tive durinq
the p.rformanc. of this Contract.
CONTRACTOR'. rep,re..ntative for the duration of this Contr.ct i. Pred Butts,
t.l.phone (904) 262-5802 (1-800-342,1907).
ARtICLI 2 - SCHEDULI
Th. CONTRACTOR shall connence services on August 27 . 1991. and complete all
..rvices b, October 30, 1992 with the followinq one (1) year renewal option.
The CONTRACTOR her.b, grants to the COUNTY the option to renew this Contract for
a period of one (1) year. If COUNTY shall elect to el.rci.e this option, it
shall notify CONTRACTOR in writinq of such in the mann.r provid.d in Articl. 36
of this Contract, on or before October 1, 1992.
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ARTICLE 3 - PAYMERTS TO CONTRACTOR
A. The total amount to b. paid b, the COUNTY under this Contract for labor,
material(s), tool. and equipment shall not exceed Two Hundred Thousand
Dollar. ($200,000.00). The CONTRACTOR will bill the COUNTY on a per job
ba.is. .t the .lIQunt. s.t forth in Exhibit "B", plus any addition.l sums
n.c....ry to c~p.n..t. the CONTRACTOR for the actu.l co.t of conductlnq
.ny sp.ei.li..d services included in the terms of the Work Order. All work
p.rformed under Contract shall meet the Scope of Work and Specitication
requirements set forth in Elhibit "A". Where increm.ntal billinqs tor
p.rti.lly completed items is permitted. the total incremented billinas
shall nQt elceed t~e percentaqe of estimated completion as of the billinq
date.
B. Second y.ar option may be reviewed, adiusted and shall not exceed the
P.d.ral Consumer Price Index (CPI). A revised pricinq schedule will be
mutua 11 , aqreed upon and execut',d by both parties to ref I ect these chanaes.
C. Invoice. received from the CONTRACTOR pursuant to this Contract will be
revi.wed .nd .pproved by the initiatin~ County department, indicatinq that
service. have been rendered In contormity with the Contract and then will
be ..nt to the Fin.nce Department tor payment. Invoices must reference
the current purchase order number (if any). Invoices will norm.lly be paid
within thirty (30) days tollowinq the usinq department's approv.l.
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D. Pinal Invoice: In order for both partie. herein to close their books and
records, the CONTRACTOR will clearly st.te "final invoice" on the
.CON'l'RACTOR's fin.l II ast billinq to the COUN'l'Y. This is CONTRACTOR I S
certification that .11 services have been properl y performed and all
charqe. and costs h.ve been invoiced to Palm Be.ch County. Since this
account will thereupon be closed, any and other further charqes if not
properl, included on this final invoice are waived by the CONTRACTOR.
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conjunction with Sanitrry Sewer Reconstruction would be ...
'. subject to the limits described below for Pipe
Reconstruction.
II. Trenchle.s Piae Reconstruction System
a. Sanitary Sewer Mains, 6- Diameter
4.5'mm Nominal Thicknes8 (.177) $ 45.50 per If
b. Sanitary Sewer Mains, 8- Diameter
6.0 mm Nominal Thicknes8 (.236) $ 49.50 per If
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c. Sanitary Sewer Mains, 10- Diameter
6.0 mm Nominal Thickness (.236) $ 51. 50 per If
7.5 mm Nominal Thicknes. (.295) $ 54.00 per If
d. Sanitary S.w.r Mains, 12- Diam.t.r
-
6.0 mm Nominal Thickne.. (.236) $ 55.00 per If
7.5 mm Nominal Thickne.. (.295) $ 57.00 p.r If
. .. Sanitary S.w.r Main., 15- Diam.t.r
,
6.0 mm Nominal Thickne.. (.236) $ 62.00 p.r If
7.5 mm Nominal Thicknes. (.295) $ 64.50 p.r If
9.0'mm Nom~nal Thickn.ss (.354) $ 67 .00 per If
f. Sanitary Sewer Main., 18- Diameter
6.0 mm Nominal Thickne.. (.236) $ 71. 50 per If
.
7.5 mm Nominal Thickn.... (.295) $ 75.00 per If
9.0 mm Nominal Thickn... (.354) $ 78.00 per If
.'
, . 10.5 mm Nominal Thickn... (.413) $ 81.50 per If
9. Sanitary Sewer Main., 21- Diameter
6.0 mm Nominal Thickn... (.236) $ 82.50 p.r lf
7.5 mm Nominal Thickne...(.295) $ 86.00 per If
.
9.0 mm Nominal Thickn... (.354) $ 88.50 per lf
, 10.5 mm Nominal Thickn... (.413) $ 91.50 per If
12.0 mm Nominel Thicknes. (.472) $ 94.50 per If
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h. Sanitary Sewer Hains, 24- Diameter ...
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7.5 mm Nominal Thickness (.295) $ 92.00 per If
9.0 mm Nominal Thickness (.354) $ 99.00 per If
10.5 mm Nominal Thickness (.413) $107.00 per If
12.0 mm Nominal Thickness (.472) $114.00 per If
13.5 mm Nominal Thickness (.531) $120.00 per If
15.0 mm Nominal Thickness (.591) $127.00 per 1f
-
i. Sanitary Sewer Hains, 27. Diameter
7.5 mm Nominal Thickness (.295) $106.00 per 1f
9.0 mm Nominal Thickness (.354) $114.00 per If
10.5 mm Nominal Thickness (.413) $123.00 per If
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12.0 mm Nominal Thickness (.472) $131.00 per 1f
13.5 mm Nominal Thickness (.531) $139.50 per If
. 15.0 mm Nominal Thickness (.591) $147.50 per If
j. Sanitary Sewer Mains, 30. Diameter
9.0 mm Nominal Thickness (.354) $127.00 per If
10.5 mm Nominal Thickness (.413) $135.50 per If
12.0 mm Nominal Thickness (.472) $145.00 per 1f
13.5 mm Nominal Thickness (.531) $153.50 per If
.
15.0 mm Nominal Thickness (.591) $163.00 per If
16.5 mm Nominal Thickness (.650) $173'.00 per If
k. Sanitary Sewer Hains, 36. Diameter
10.5 mm Nominal Thickness (.413) $171.00 per If
12.0 mm Nominal Thickness (.472) $190.00 per If
. 13.5 mm Nominal Thickness (.531) $204.00 per If
15.0 mm Nominal Thickness (.591) $219.00 per If
16.5 mm Nominal Thickness (.650) $235.50 per,lf
18.0 mm Nominal Thickness (.709) $252.50 per If
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: A ENDA ITEM A - MEETIN ARY 12 1
REPORT OF APPEALABLE LAND USE
DATE: January 8, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period December
7, 1992 through January 8, 1993. The following actions were
considered during this reporting period:
Planning and Zoning Board:
-Approved a modification to an approved conditional use for
Points West Plaza Bingo to allow operation seven evenings a week.
Site Plan Review and Appearance Board:
-Approved the architectural elevation plan for the proposed
Arby's Restaurant at DBO Acres by a 3 to 2 vote.
-Approved the architectural elevation plan (color change) for
Porter Paints.
-Approved the architectural elevation plan (color change) for
Ocean City Subs and Salads.
-Approved the architectural elevation plan (color and facade
changes) for Baby Superstore,
-Approved the architectural elevation plan (balcony railings) for
Harbourside Condominiums.
-Approved the site, landscape and architectural elevation plans
for Elwoods Bar-B-Quei recommended approval of a waiver of the
Landscape Code with regard to perimeter landscaping and terminal
landscape islands along the north property line,
-Approved the site and landscape plan associated with a 2,997
square foot building addition for Computer Part s ; tabled the
architectural elevation plan; and, recommended approval of a
waiver of the Landscape Code with regard to perimeter landscaping
along the south property line.
-Approved the architectural elevation plan assoicated with
construction of the Regional Wastewater Treatment Facility
dechlorination building.
Historic Preservation Board:
-Granted a Certificate of Appropriateness, and approved the site,
landscape, and architectural elevation plans in conjuction with
the conversion of a single family dwelling into a business office
at 5 N.E. 2nd Street; recommended approval of the request to
reduce the perimeter landscape strip to 2 feet; and, recommended
denial of the request to omit the automatic sprinkler system.
A detailed staff report is attached as backup material for this item.
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L~jul
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CVI,D T. HARDEN, CITY MANAGER
~~~U~
THRU: DA D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
,fao,'Ju",- a~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF JANUARY 12, 1993
REPORT OF APPEALABLE LAND USE ITEMS
DECEMBER 7, 1992 THRU JANUARY 8, 1993
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of December 7, 1992, through
January 8, 1993.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
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City Commission Documentation
Report of Appealable Land Use Items
December 7, 1992 thru January 8, 1993
Page 2
PLANNING AND ZONING BOARD MEETING OF DECEMBER 14, 1992
A. Approved a modification to an approved conditional use to
increase the times of operation from six to seven evenings
a week for the Points West Plaza Bingo located at West
Atlantic Avenue behind the Firestone Auto Store (Vote 4 to
0) .
No other appealable items were considered by the Board. The
following agenda items which were considered by the Board will
be forwarded to the City Commission as separate agenda items:
* Recommended approval (5 to 0) , of the City initiated
rezoning from Multiple Family-Low Density (RL) to Community
Facilities (CF) for a portion of Abbey Delray South located
south of Linton, east of Homewood.
* Recommended approval (5 to 0) , of the conditional use
request associated with the expansion of the continuing
care facility at Abbey Delray South.
* Recommended approval (5 to 0), for the Abandonment of the
alleyway lying within Block 73 - Publix Shopping Center.
* Initiated a corrective rezoning (5 to 0) , from Planned
Commercial (PC) to Automotive Commercial (AC) for the Dan
Burns Oldsmobile Dealership on South Federal Highway.
* Recommended deleting (5 to 0) Block 57 (located west of
Swinton, north of 3rd Street) from the Decade of
Excellence Alleyway Improvement Program.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 16,
1992: :
1. Approved the architectural elevation plan for the proposed
Arby's Restaurant at DBO Acres, located south of Linton,
east of SW 4th Avenue (Vote 3 to 2). Both the site plan
and landscape plan were previously approved by the Board.
2. Approved the architectural elevation plan (color change)
for Porter Paints located at the southwest corner of NE 7th
Street and NE 6th Avenue (Vote 4 to 0).
3. Approved the architectural elevation plan (color change)
for Ocean City Subs & Salads located on the west side of SE
5th Avenue, south of SE 1st Street (4 to 0).
.,
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City Commission Documentation
Report of Appealable Land Use Items
December 7, 1992 thru January 8, 1993
Page 3
4. Approved the architectural elevation plan (color and facade
changes) for Baby Superstore at the Pines Plaza which is
located at the southwest corner of Military Trail and
Atlantic Avenue (Vote 4 to 0).
5. Approved the architectural elevation plan (balcony
railings) for Harbuorside Condominium, located north of
Linton Boulevard east of Federal Highway (Vote 5 to 0).
6. Approved the site plan, landscape plan and architectural
elevation plan associated with the conversion of the old
Flamingo Gasoline Station to a restaurant, Elwoods
Bar-B-Que, located at the northeast corner of NE 3rd Avenue
and Atlantic Avenue (Vote 5 to 1) . The Board also
recommended that a waiver be granted from the 5' perimeter
landscape strip and terminal landscape island requirements
along the north property line.
7. Approved the site plan and landscape plan associated with a
2,997 sq. ft. building addition for Computer Parts, located
on the east side of SE 1st Avenue, south of Atlantic
Avenue (Vote 6 to 0) . The architectural elevation plans
were tabled to allow the applicant to readdress color
scheme and to soften the box-like architectural appearance.
The Board also recommended that a waiver be granted from
the 5' perimeter landscape strip along the south property
line.
8. Approved the architectural elevation plan associated with
the construction of the Regional Wastewater Treatment
Facility decholrination building at the Boy Scout Hut site
which is located on the north side of Lake Ida Road.
No other appealable items were considered by the Board.
However, the following agenda items required Board action.
* Approved the business sign for Action Auto, 14466 Military
Trail.
* Approved the business sign for Wendy's at DBO Acres.
HISTORIC PRESERVATION BOARD MEETING OF DECEMBER 16, 1992
B. Granted a Certificate of Appropriateness, and approved the
site plan, landscape plan and architectural elevation plan
in conjunction with the conversion of a single family
dwelling to a business office at 5 NE 2nd Street (northeast
corner of Swinton Avenue and NE 2nd Street) . While the
Board recommended approval of the waiver request to reduce
the perimeter landscape strip from 5' to 2' , the Board
forwarded a recommendation of denial of the waiver request
to allow no provision for an automatic sprinkler system.
No other items were considered by the Board.
'.
city Commission Documentation
Report of Appealable Land Use Items
December 7, 1992 thru January 8, 1993
Page 4
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP rOR
CITY COMMISSION MEETING
or JANUARY 12, 1993
L-30 CANAL
j
LAI<E IDA ROAD
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(00) SW2ST :3
~ w
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a a
2 R
LDWSON IOULEVARD
I
2
UNTON BOULEVARD i
~Oijf; CD
B
5
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L-31 CANAL
S.P.R.A.B. ITEMS:
1. - ARBY'S 0 DBO ACRES P. at Z. ITEMS:
2. - PORTER PAINTS
3. - OCEAN CITY ,SUBS at SALADS A. - POINTS WEST PLAZA BINGO
... - BABY SUPERSTORE
~. - HARBOURSIDE CONDOMINIUMS
N 8. - ELWOOD'S BAR-B-QUE H.P.B. ITEMS:
RESTAURANT
- 7. - COl.tPUTER PARTS B. - 5 N.E. 2ND STREET
CITY OF' DELRAY BEACH. nORIDA 8. - REGIONAL WASTEWATER COASTAL REVEGETATION
PLANNINC DEPARTMENT TREAnlENT FACILITY
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM i qt3 - MEETING OF JANUARY 12, 1993
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION
DATE: January 8, 1993
This item is before you to consider an appeal of a Site Plan Review
and Appearance Board decision denying a request from the owner of
Trails End Plaza to delete the wording "Trail End Plaza" from the
existing free-standing sign and replace it with "Action Auto".
The shopping center has an existing 11/ x 10/ free-standing sign,
with Trails End Plaza, its identification, in the top panel (11' x
4') and five tenant panels. The Site Plan Review and Appearance Board
at their December 16th meeting recommended that "Action Auto" be
placed in the panel below the identification panel and that the
letters be black with a white background as opposed to yellow and
black copy as requested.
The Board's position is that the shopping center identification should
be the main part of the sign with tenant panels underneath. The
attorney representing the owner is appealing on the basis of the
Board's right to censor "copy" on signage.
Staff recommends that the Commission uphold the Site Plan Review and
Appearance Board / s decision and deny the request to change the top
panel.
Recommend the decision of the Site Plan Review and Appearance Board
denying a request from the owner of Trails End Plaza to delete the
wording "Trail End Plaza" from the existing free-standing sign and
replace it with "Action Auto" be upheld.
(lJrJtM & onx~ ~ 0L1/
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. Agenda r tem No.:
AGENDA REQUEST
Date: 1/8/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 1/12/93
Description of agenda item (who, what, where, how much):
Appeal of SPRAB's decision for Trail's End Plaza Signage
ORD~NANCE/ RESOLUTION REQUIRED: YEe Draft Attached: YES/NO
Recommendation: Deny Request
Department Head Signature. ~ ~ fllil. -
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: fjJ/ NO ['1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: APPEAL OF SPRAB'S DECISION REGARDING PROPOSED CHANGES
TO EXISTING FREE-STANDING SIGN FOR TRAILS END PLAZA
- ---
DATE: JANUARY 8, 1993
ITEM BEFORE COMMISSION:
An appeal of the Site Plan Review and Appearance Board's decision
of December 16, 1992 denying the owner of Trails End Plaza's
request to delete the identification of the plaza from its
existing free-standing sign and replacing it with identification
of one of its major tenants "Action Auto."
BACKGROUND:
Section 2.4.7(3) of the Land Development Regulations requires
that appeals to SPRAB's decision be made in writing within 10
working days of the action being appealed. Appeals are made
directly to the City Commission.
The shopping center has an existing free-standing sign with
Trails End Plaza as its identification in the top panel. This
panel is 11 ' x 4 ' and there are five ( 5 ) tenant panels
underneath. The Board recommended that the tenant panel for
Action Auto be placed in the panel below the identification of
the shopping center and the letters be black with a white
background as opposed to the yellow and black copy requested.
The Board has taken the position that it prefers to see shopping
centers and their identification remain the main part of the sign
with tenant panels underneath. The attorney representing the
owners of the plaza is appealing on the basis of the Board's
right to censor what he calls "copy" on signage.
RECOMMENDATION:
Staff recommends that the City Commission uphold SPRAB's decision
and deny the request to change the top panel of the Trail's End
Plaza identification sign.
LB:DQ
Attachments
D15
SPRAB.Apl
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12/28/92 To: Lula Butler. Please
MILLER & MillER, P.A. review and draft response for City
Manager's signature. Please route
ATTORNEYS ANO COUNSELLORS AT LAW RECEIVED through Selma (sk for DTH)
BLACKSTONE BUILDING
SUITE 201 O;fC 2 4 1992 c:!(
100 SOUTH DIXIE HIGHWAY (407) 655.4118
WEST PALM BEACH, FLORIDA 33401 , , pAX: (407) 655-4359
Alan J, Miller' CITY MANAGER'S OFrtCE
Elaine F. Miller'
-
. Board Ce<tiIiecI Ow Trial AIlarney
December 22, 1992
David E. Harden
City Manager's Office
100 N.W. 1st Ave.
Delray Beach, FL 33444
RE: NOTICE OF APPEAL
Dear Mr. Harden:
The undersigned represents the Appellant, Grace Everett, owner of Trails
End Plaza in Delray Beach, Florida. My client and I attended the Site
Plan Review and Appearance Board regular meeting on December 16, 1992 at
6:30 P.M. at the City Commission Chambers. The following information
pertains to Agenda Item: III.B.
This letter shall serve as a formal appeal of SPRAB's recommended
disapproval of said agenda item.
- Action being appealed: SPRAB's recommended disapproval of
change ln plaza's free standing signage.
- Who took action and when: Site Plan Review and Appearance Board
staff on December 16, 1992.
- Basis of Appeal: SPRAB is censoring the signage wording which
is not within it's scope of jurisdiction. (Staff seems to be
concerned wi th appearance of consistency as it cites it's recent
decision re: Regency Plaza. However, Appellant has photographs
of several plazas within the city limits of Delray Beach which
clearly show a lack of uniformity or consistency. Furthermore,
the SPRAB's written guidelines pertaining to signage apply to
Slze, type, color, etc. but nothing designates authority over
wording. )
- Relief sought: To permit the Appellant to change the top panel
of an existing free standing sign. The top panel presently is
the identification for "Trails End Plaza". The top panel will
change to read "Action Auto", 11 ' x 4' and will be yellow copy
on a black background. The sign structure is 15' high and total
sign area is 110 sg. ft. ( 11 ' x 10' ) . The tenant panels
currently are black copy on a white background.
- Appellant name and interest in matter: Appellant 1 '0, l_; t';i (' t-='
Everett, owner of the Trail's End Plaza.
.
MIL:LER & MILLER, P. A.
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Page Two
Continuation of NOTICE OF APPEAL .
If you have any questions or comments please do not hesitate to contact
me at my office.
pc: Delray Beach City Clerk's Office
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DEe 2 9 S2
':'TY IMPROVEMENT
~,IJINISTRA1ION
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MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD MEETING
WEDNESDAY. DECEMBER 16, 1992 AT 6:30 P.M.
Members Present Others Present
Mark Marsh, Chairman Joyce Desormeau. Sign/License
Jess Sowards Administrator
Tom LaSalle (arrived later) Janet Meeks. Planner
Gene Fisher (arrived later) Paul Dorling, Planner
Debora Oster Nancy Davila. City Horticulturist
Rick Mouw
I. The Chairman called the meeting to order at 6:30 p.m.
II. Mrs. Oster moved to approve the Minutes from December 2, 1992 as
amended with the flat wall signs in the Checkers application to
contain white channel letters and the monument sign to have white
letters on a red background with a black "Checkers" logo. Seconded
by Mr. Sowards with the vote as follows:
Rick Mouw Yes
Debora Oster Yes
Jess Sowards Yes
Mark Marsh Yes
(Mr. LaSalle arrived. ) A clarification of IlIA. was achieved by
amending the minutes from the meeting of December 2, 1992.
III. SIGNS
B. Action Auto
14466 Military Trail
Dick White Signs
1 flat wall sign & 1 free standing sign
.
Represented by Alan Miller. attorney for the owner of the plaza. The
applicant would like to have "Action Auto" in the top portion of the
sign instead of the plaza name with the yellow color9lor on a black
background'. However, the other tenants have black copy on a white
background. The members felt that the proposal needs to be consistent
in color with the other sign panels and identification for the plaza
is needed. The flat wall was acceptable. (Mr. Fisher arrived.) It
was suggested that the "Dan's Fan City" sign be reduced and the other
tenants be readjusted to accommodate the "Action Auto" sign panel.
After discussion, Mrs. Oster moved to approve the application for the
signs with the following: the "Action Auto" panel be placed in the
panel below (not on. the top panel) and the letters be black with a
white background. The flat wall sign is to remain as presented.
Seconded by Mr. Sowards with the vote as follows:
Tom LaSalle Yes
Debora Oster Yes
Jess Sowards Yes
Rick Mouw Yes
Gene Fisher Abstained
Mark Marsh Yes
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfM
SUBJECT: AGENDA ITEM it qC - MEETING OF JANUARY 12. 1993
REOUEST FOR CONDITIONAL USE MODIFICATION/ABBEY DELRAY SOUTH
DATE: January 8, 1993
We have received a request for conditional use modification from Abbey
Delray South for the expansion of an existing Continuing Care Facility
and Nursing Home.
The development proposal consists of the addition of four single
family villas; the construction of a 12,224 square foot, 30 bed,
addition to the existing Nursing Home; and, a 576 square foot
maintenance building on Tracts U and V of Abbey Delray South.
The Planning and Zoning Board at their December 14th meeting
recommended approval of the conditional use modification subject to
the following conditions:
1. Provide fire hydrants to meet maximum permitted separation of
400 feet.
2. Approval of a site plan in general conformance with the
attached sketch plan by the Site Plan Review and Appearance
Board (currently being processed).
3, Acceptance by the City Traffic Engineer of an updated traffic
study conforming to current information and calculation methods.
Recommend approval of the request for condition use modification for
Tracts U and V of Abbey Delray South.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~::D~=--MANAGER
THRU: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JEFF PERKINS, PLANNING TECHNICIAN I ~
SUBJECT: MEETING OF JANUARY 12, 1993
CONSIDERATION OF A CONDITIONAL USE MODIFICATION FOR
ABBEY DELRAY SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
a Conditional Use modification for the expansion of an
existing Continuing Care Facility and Nursing Home, known
as Abbey Delray South.
The subject property is Tracts U and V of Abbey Delray
South, a Continuing Care Facility and Nursing Home with a
total area of approximately 30 acres. It is located south
of Linton Boulevard, east of Homewood Boulevard, west of
the E-4 Canal, and north of Germantown Road.
BACKGROUND:
Abbey Delray South is a Life Care Retirement Community
consisting of a 288 unit continuing care facility and a 30 bed
nursing home. The original conditional use for Abbey Delray
South was approved in 1979.
The current proposal calls for:
* the addition of four (4) single family villas;
* a 12,224 sq. ft. 30 bed addition to the existing Nursing
Home; and
* a 576 sq. ft. maintenance building.
This request requires a modification of the conditional use
approval and a modification to the original site plan. The site
plan modification is currently being processed for SPRAB
approval. A copy of the Planning and Zoning Staff Report for
the conditional use request is attached.
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City Commission Documentation
Conditional Use Modification - Abbey Delray South
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 14, 1992. The board recommended approval of
the requested conditional use modification by a 7-0 vote,
subject to the following conditions:
1. Provide fire hydrants to meet maximum permitted
separation of 400'.
2. Approval of a site plan in general conformance with
the attached sketch plan by the Site Plan Review and
Appearance Board.
3. Acceptance by the City Traffic Engineer of an updated
traffic study conforming to current information an
calculation methods.
RECOMMENDED ACTION:
By motion, approve the requested conditional use modification
for Abbey Delray South, subject to the conditions recommended by
the Planning and Zoning Board.
Attachment:
* P&Z Staff Report
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PLA.NNING & ZO~..~G BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: December 14, 1992
AGENDA ITEM: III. B.
ITEM: Conditional Use Request to Allow the Expansion of
the Continuing Care Facility at Abbey Delray South
GENERAL DATA:
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Owner....................Palm Beach County
Health Facilities
Authority.
Agent....................Robert Scharmann,
Abbey Delray South
Location.................Southeast corner of
Linton Boulevard and
Homewood Boulevard.
Property Rize............30.00 Acres L I II TO..
City Land Use Plan.......Residential - Medium
Density
City Zoning..............CF (Community Facilities)
and RL (Multiple Family
Residential - Low Density)
Adjacent Zoning...North: RM (Multiple Family
Residential - Medium
Density)
East: RM
South: R-1AA (Single Family
Residential)
West: RL and PRO (Planned
Residential Development)
Existing Land Use........Continuing care facility
with associated nursing
home.
Proposed Improvement.....Addition of four units
to the continuing care
facility and addition
of 30 beds to the
nursing home.
Water Service............Existing on site.
Sewer Service............Existing on site. N
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III-B.
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I T E M B E FOR E THE BOA R 0:
The action before the Board is approval of a Conditional Use
modification for the expansion of an existing Continuing Care
Facility and Nursing Home, known as Abbey Oelray South.
The subject property is Tracts U and V of Abbey Delray South, a
Continuing Care Facility and Nursing Home with a total area 0 f
approximately 30 acres. It is located south of Linton
Boulevard, east of Homewood Boulevard, west of the E-4 Canal,
and north of Germantown Road.
Pursuant to LOR Sections 2.2.2(E)(6), the Local Planning Agency
shall review and make recommendations to the City Commission
with respect to the approval or denial of conditional uses. The
Board also may approve or deny a modification to a conditional
use, per LOR Section 2.4.5(E)(7), if it determines the
modification to be not significant. The applicant has requested
processing as a new conditional use in order to prevent any
possible delays.
B A C K G R 0 U N D:
The previously approved development plans for Abbey Delray South
accommodate a Life Care Retirement Community consisting of three
components:
* a 248 unit continuing care facility on 16.5 acres (parcel
"U" ) ;
* a 60 bed nursing home on 1.5 acres (parcel "V"); and
* 40 villas with individually platted lots on 12.4 acres
(parcels "W" and "X").
There have been subsequent corrective rezonings. See the staff
report for a rezoning of a portion of Abbey Delray South from RL
to CF for details.
The current proposal calls for:
* the addition of four (4) single family villas;
* a 12,224 sq. ft. 30 bed addition to the existing Nursing
Home; and
* a 576 sq. ft. maintenance building.
This request for conditional use modification is filed in
conjunction with an application for site plan modification. The
site plan has been submitted and is concurrently being reviewed
for Site Plan Review and Appearance Board (SPRAB) action. A
copy of the site plan is attached, labeled Exhibit "A" for your
reference.
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P & Z Staff Report
Abbey Delray South Conditional Use
Page 2
CON D I T ION A L USE A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The Future Land Use Map designation for parcels "U" and "V" is
"Medium Density Residential". Current zoning for the parcels is
CF (Community Facilities). The existing use of a "Continuing
Care Facility with Associated Nursing Home" is allowed as a
Conditional Use within the CF zoning district.
The remaining portion of Abbey Delray South is currently the
subject of a City initiated rezoning from RL to CF. These
parcels are not affected by this proposal.
The use is allowed within the zoning district (as a Conditional
Use) and the zoning is consistent with the Future Land Use Map
designation.
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.)
Water:
Water service exists to the site via an 8" water main serving
the existing nursing home. No water main extensions or upgrades
will be required to serve the nursing home expansion or the
additional villa units.
Spacing of existing fire hydrants is inadequate to serve the
site as proposed. Addition of necessary hydrants will be a
condition of site plan approval.
Sewer:
Sewer service exists to the site via an 8" sewer main serving
the existing nursing home. No sewer main extensions or upgrades
will be required to serve the nursing home expansion or the
additional villas.
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P & Z Staff Report
Abbey Delray South Conditional Use
Page 3
Streets and Traffic:
The expansion of the facility will generate less than 200 ADT.
The segment of Linton Boulevard directly adjacent to this site
is currently operating at an acceptable Level Of Service. The
proposed addition of 30 nursing home beds and 4 villas will not
generate a significant volume of traffic with respect to Leve 1
of Service.
A traffic study has not been submitted with the conditional use
application. An updated version of the previously approved
traffic study, using current traffic figures and calculation
methods, has been requested by the City Traffic Engineer. The
applicant will provide the updated traffic study with the site
plan modification submission.
Drainage:
Drainage from the site will be retained in two retention ponds
already existing on the site. All storm drainage will be
retained on site.
Parks and Open Space:
Parks and Open Space dedications do not apply to nursing homes
or continuing care facilities. LDR open space requirements are
met with the retention of 51% of the site in open space.
Solid Waste:
The proposed expansion will not generate sufficient solid waste
to negatively impact LOS standards.
Consistency: Compliance with the performance standards set
forth in Section 2.4.5(E)(5) (Conditional Use Findings) shall be
the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of
overall consistency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following applicable policy was
found:
Conservation Element Policy B-2.5: Whenever new development or
redevelopment is proposed along a waterway, a canal, an
environmentally sensitive area, or an area identified via Policy
B-2.l, an area equivalent to at least 10% of the total area 0 f
the development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to TCRPC
Policy 10.2.2.2.
This already developed site is located adjacent to the E-4
Canal. The site currently has in excess of 10% of its
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P & Z Staff Report
Abbey Delray South Conditional Use
Page 4
total area set aside as undisturbed. No additional native
vegetation will be disturbed by this expansion.
Future Land Use Policy A-1.S: In order to provide for a more
balanced demographic mix, the development of "large scale adult
oriented communities" on remaining vacant land is discouraged,
This proposal represents a small (30 nursing home beds and
4 villas) expansion of an already developed "Adult
Community. II This policy will not be violated by the
approval of the current proposal.
Section 2.4.S(E)(S) (Standards for Conditional Use Actions):
Pursuant to Section 2.4.S(E)(S) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the stability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by RM (Multiple Family Residential -
Medium Density) and RL (Multiple Family Residential - Low
Density) to the north, RL to the south, RL and PRO to the west,
and RM to the west. All parcels surrounding the site are fully
developed with single and multi-family residential structures.
The existing uses on the Abbey Delray South property have not
had a detrimental effect on surrounding neighborhoods, nor have
they had a detrimental effect on the development of surrounding
properties. The proposed modifications will not significantly
change the relationship of the property to those adjacent to it.
LDR Compliance:
Section 4.3.4 Development Standards Matrix:
The four villa units and the nursing home addition will be
constructed on parcels "U" and "V. II The parcels meet CF
district requirements for minimum lot size, lot width, lot
depth, lot frontage, lot coverage, and density. All height and
setbacks.
Section 4.6.4 Special District Boundary Treatment:
Per Section 4.6.4(E), parcels zoned CF adjacent must provide
either a 15' landscaped area, or a lO' landscaped area with
either a 4 1/2' continuous hedge or a 6' solid masonry wall at
the property line. Abbey Delray South is adjacent to the
Crosswinds development along the west property line. Abbey
Delray South currently provides a lS' sodded berm with a
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P & Z Staff Report
Abbey Oelray South Conditional Use
Page 5
shadowbox wood fence between the nursing home addition and the
adjacent Crosswinds development.
Where the four villa units will abut the Crosswinds a 25'
setback will be provided. A 6 ' fence which is composed of
alternating segments of wood shadowbox and masonry construction
will also be provided at that location. A positive finding can
be made with respect to the required district boundary
treatments.
Section 4.6.9 Pursuant to Section 4.6.9(C) (7) (c), continuing
care facilities shall provide 1.5 spaces per unit.
Villas:
Based on the addition of four (4) units for continuing care, six
(6 ) additional parking spaces are required by code. Eight (8)
parking spaces have been provided for the new villas.
Pursuant to Section 4.6.9(C)(7)(a), nursing homes shall provide
1 space per four beds.
Nursinq Home Addition:
The construction of the nursing home acdition as proposed will
require the elimination of 16 existing spaces. Per LOR Section
4.6.9(B)(3) the eliminated spaces must replaced, in addition to
the 8 new spaces required to serve the addition.
The applicant has requested a reduction of the parking
requirement for the site. Pursuant to the requirements of LOR
Section 4.6.9(C) (1) (g), the applicant has submitted special
documentation to demonstrate the adequacy of existing parking
spaces. The special documentation (see attached copy) indicates
that the site has adequate existing parking to serve the site as
proposed, based on the number of parking permits issued by the
property management. Parking does not appear to be a problem on
this site. The requested reduction will be formally acted upon
with the site plan submission.
Section 4.3.3(H) Special Requirements for specific uses:
Nursing Homes
Minimum Lot Area must be 1 acre: The parcel on which this
addition will be built is approximately 18 acres.
Minimum frontaqe of 100' : Parcels "U" and "V" have a combined
frontage in excess of 100' on 26th Terrace.
Locational Factors:
A. Nursing homes shall not be located on any arterial
street:
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P & Z Staff Report
Abbey Delray South Conditional Use
Page 6
The nursing home addition is located off Homewood
Boulevard, a collector street.
B. Ambulance service shall be provided from a collector
street:
Ambulances will accesses the site from Homewood Boulevard,
a collector street.
C. The development should be of a pronounced residential
nature and shall be designed to minimize any adverse
condition which might detract from the primary
convalescent purpose of the facility.
The nursing home is integrated into the overall Abbey
Delray South site which is residential in character.
REV I E W B Y o THE R S:
This project is not in a geographic area requiring review by
either the HPB (Historic Preservation Board) , DDA (Downtown
Development Authority) or the CRA (Community Redevelopment
Agency) .
If the Conditional Use request is approved, a site plan must be
submitted for review by the Site Plan Review and Appearance
Board.
Neiqhborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to each of the property owners of record.
Courtesy notices have been sent to:
* Tom Fleming, President
Andover Homeowners Association;
* Dorothy Alport, President
Southwinds of Crosswinds;
* Lillian Feldman
Pines of Delray Homeowners;
* Jacob Friedly
Pines of Delray West; and
* Jim Goggin, President
Shadywoods Homeowners
who have requested notification of petitions in that area.
Letters of objection, if any, will be presented at the P & Z
Board meeting.
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P & Z Staff Report --
Abbey Delray South Conditional Use
Page 7
ASS E SSM E N T AND CON C L U S ION S:
The proposed modification of the existing conditional use for
Abbey Delray South will introduce no new uses onto the site.
The existing uses which are to be expanded are consistent with
Comprehensive Plan policies and with Chapter 3 of the Land
Development Regulations. All special development standards for
nursing homes and special district boundary treatments for CF
zoning have been met. The proposed additions will have minimal
effect on surrounding properties.
A L T ERN A T I V E C 0 U R S E S o F ACT ION S:
A. Continue with direction.
B. Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(D)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan, subject to conditions.
C. Recommend denial of the Conditional Use request based upon
a failure to make positive findings.
S T A F F R E COM MEN 0 A T ION:
Forward a recommendation of approval of a conditional use for
parcels "U" and "V" of Abbey Delray South for a 30 bed expansion
of the nursing home component and addition of four villas, based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(E)(5), subject to the
following conditions:
1. Provide fire hydrants to meet maximum permitted
separation of 400'.
2. Approval of a site plan in general conformance with
the attached sketch plan by the Site Plan Review and
Appearance Board.
3. Acceptance by the City Traffic Engineer of an updated
traffic study conforming to current information and
calculation methods.
Attachments:
* Location Map
* Sketch Plan
* Parking Special Documentation
Report prepared by : ~ Planning Technician I
Reviewed by DJK on :
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Abbey Delray South
December 4, 1992
Mr. David J. Kovacs
Director of Plamunt & Zoning
City of Delray Beac
100 Northwest 1st Avenue
Delray Beach, Florida 33444
RE: Applications for conditional Use and Site Plan for Abbey Delray South
Dear Mr. Kovacs:
On behalf of Palm Beach County Health Facilities Authority, I request a reduction in
parking requirements for Abbey Delray South.
Abbey Delray South is a life care retirement community. \Ve provide our residents
continuing care services that eliminate most of their transportation needs. In addition, we
offer our residents daily shuttle service to provide access to the local community.
Accordin~ly, our parking demand has decreased significantly as our residents have
aged-in-p ace. Recognizing that their driving skills have decreased; many of their needs are
met on site; and that they have other readily accessible means of access other than a private
vehicle --- they give up thell' car.
We currently have a total of 329 off street parking spaces. The following summarizes our
current demand:
Total Demand Vacant
Designation Spaces Spaces Spaces
Resident & Guest Parking 218 158 60
Employee Parking ill ~ ~
Total 329 224 105
Our proposed site plan modification eliminates a total of 16 parking spaces to accommodate
the new 3D-bed Sheltered Nursing Home. This will reduce the total number of parking spaces to
be 313. We anticipate that the new facility \\ill need an additional six parking spaces for
staff and two for visitors which will readily be accommodated U our vacant spaces. Our
anticipated parking demand upon completion of the 3D-bed Nursing orne is:
rw~"': r '1 Y: TlJC'lIJ)
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Drr. 3 1992.
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1717 HOMEWOOD BOULEVARD DELRAY BEACH. FLORIDA 33445.6876 (407) 272-9600
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Mr. DavidJ. Kovacs
Planning & Zoning
December 4, 1992
Page 2
Total Demand Vacant
Designation Spaces Spaces Spaces
Resident & Guest Parking 202 160 42
Employee Parking 111 72 ~
Total 313 232 81
As you can see, we anticipate that we will still have a large number of vacant parking
spaces remaining after our expansion.
The avera~ entry a,e of our residents is increasing and our residents continue to
age-in-place. erefore, anticipate that our parking demand will continue to decline. I am
confident that 313 parking spaces will be more than sufficient to accommodate our guest,
service and local needs, recognizing that our residents have other readily accessible means of
access to their off-site activities.
Accordingly, please allow a reduction in the number of parking spaces required for our
life care retirement community at Abbey Dekay South.
Sincerely,
U~
Robert Scharmann
Administrator
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM it 0D - MEETING OF JANUARY 12. 1993
REOUEST FOR WAIVER OF THE LANDSCAPE CODE/COASTAL REVEGETA-
TION. INC.
DATE: January 8, 1993
This item is before you to consider a request for waiver of Sections
4.6.16(H) (3) (d) and Section 4.6.16(F) of the Landscape Code from
Coastal Revegetation, Inc. located at the northeast corner of N.
Swinton Avenue and N.E. 2nd Street.
Section 4.6.16(H) (3) (a) requires a perimeter landscape strip, of at
least five feet in depth between off-street parking and the adjacent
right-of-way and Section 4.6.16(F) requires that all landscape areas
shall be provided with an automatic sprinkler system.
The applicant is requesting a reduction from 5 feet to 2 feet for the
perimeter landscape strip between the north property line and parking
area. The reason for this request is that the number and size of
parking spaces required by Code cannot be accommodated unless the
decrease is approved. Also, because of the limited space, a request
to increase the distance between trees from 30' to 40' adjacent to the
parking area was also made.
Additionally, the applicant is requesting that the provision for the
installation of an automatic sprinkler system be waived, He has
proposed planting drought resistance material and hand watering for
sodded areas.
The Historic Preservation Board at their December 16th meeting
recommended approval of the waiver to reduce the perimeter landscape
strip at the north property line along wi th increasing the distance
between trees from 30' to 40' adjacent to the parking areai and,
recommended denial of the request to waive the requirement for
automatic sprinklers. A detailed staff report is attached as backup
material for this item,
Recommend approval of the waiver to reduce the perimeter landscape
strip at the north property line, along with increasing the distance
between trees from 30' to 40' adjacent to the parking areai and,
denial of the request to waive the requirement for installation of an
automatic sprinkler system.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
THRU: .~S~~~
DEPARTMENT OF PLANNING AND ZONING
FROM: TECHNICIAN II
MEETING OF JANUARY 12, 1992
CONSIDERATION OF A WAIVER TO THE PERIMETER LANDSCAPING
REQUIREMENTS [SECTION 4.6.16(H)(3)(d)] AND IRRIGATION
REQUIREMENTS [SECTION 4.6.16(F)] FOR COASTAL
REVEGETATION, INC.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qrantinq specific waivers in conjunction with a development
request involving site plan approval.
The development proposal is to establish a
business/administrative office for Coastal Revegetation,
Inc. The property is located at the northeast corner of N.
Swinton Avenue and N.E. 2nd Street.
BACKGROUND:
This project involves the conversion of an existing single family
home to an administrative office for a landscape design and
contracting firm. The associated improvements will be the
construction of a parking area at the northwest corner of the
site along with the installation of associated landscaping and
fencing. The remainder of the site will remain in its existing
configuration. The applicant has requested a waiver of LDR
Section 4.6.16(H)(3)(d), which deals with perimeter landscape
requirements and Section 4.6.16(F), which deals with irrigation
requirements. Section 4.6.16(H)(3)(d) states that a 5'
landscaped buffer must be provided between the abutting property
and the parking area, and that hedges and trees (30' apart) must
be installed within that buffer. Section 4.6.16(F), requires
that all landscape areas be irrigated with an automatic sprinkler
system.
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City Commission Documentation
Meeting of January 12, 1993
Landscape Waivers for Coastal Revegetation, Inc.
Page 2
Perimeter Landscapinq
The waiver is to apply along the north property line adjacent to
the parking area (west 40' of the north property line). The
landscape strip tapers from 5' at the west end to 2' adjacent to
the parking area. In order to accommodate the required parking
spaces (4) , a reduction in the width of the landscape strip is
needed. The existing fence is to remain and a new Ficus hedge,
which will be 4.5' in height at the time of planting, will be
installed along the north property line. The hedge will be
maintained at a height of 6 ' - 8' . In addition, within the
landscape strip, trees are required every 30' . As the trees
(Live Oak) cannot be accommodated with the 2 ' landscape strip,
the distance between the trees will need to be increased to 40' .
Taking into account the physical constraints of the site and the
provision of adequate buffering elsewhere along the north
property line, it is appropriate to approve this waiver request.
Landscapinq Irriqation
The applicant is requesting a waiver to the requirement to
provide an automatic sprinkler system for irrigation. The stated
reason for the waiver is that some of the plant material will be
drought resistant, and sodded areas will be hand watered,
including the right-of-way areas. According to the applicant,
once the drought resistant plants get established, they will need
very little watering. The applicant is also concerned about the
ability to maintain the sod within the swale area, since
pedestrians and vehicles have tended to use those areas
frequently.
As this property is on a relatively prominent corner and the
appearance of the landscaping is very important, staff is not
supportive of the waiver request. Efforts to improve the
appearance of the swales along Swinton Avenue have been ongoing,
and proper irrigation is an important element of that program.
Further, ownership of the business may change, and future manual
irrigation and maintenance cannot be guaranteed.
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of
public facilities;
(c) Shall not create an unsafe situation; or,
( d) Does not result in the granting of a special privilege
in that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
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City Commission Documentation
Meeting of January 12, 1993
Landscape Waivers for Coastal Revegetation, Inc.
Page 3
With respect to the perimeter landscape requirement
[4.6.16(H)(3)(d)], the area in question is a relatively short
distance (40'). There will be a fence and a hedge, which will be
maintained at 6' - 8' in height, along the north property line.
The increase in the distance between the trees will allow the
planting of trees in areas where they can be accommodated.
Further, the planting provisions of the landscape code will be
followed throughout the remainder of the site. A waiver of the
requirement will not create an unsafe situation or diminish the
provision of public facilities, and does not constitute a special
privilege.
With respect to the irrigation requirements [4.6.16(F)], the
provision of a sprinkler system is required of all developments,
including single family dwellings. This will be an income
generating property on a main street which has been slated for a
beautification program. A waiver of this requirement would be
inconsistent with those efforts, and could have an adverse long
term affect on neighboring properties.
HISTORIC PRESERVATION BOARD CONSIDERATION:
At its meeting of December 16, 1992, the Historic Preservation
Board recommended approval (5-0) of a waiver to LDR Section
4.6.16 (H)( 3) (d) (Perimeter Landscaping), to reduce the required
5' wide landscape strip to 2' along with increasing the distance
between trees from 30' to 40' adjacent to the parking area; and
recommended denial (5-0) of the waiver to LDR Section 4.6.16(F)
(Irrigation Requirements), to allow no provisions for an
automatic sprinkler system.
RECOMMENDED ACTION:
By motion,
A. Grant a waiver to LDR Section 4.6.16(H)(3)(d) (Perimeter
Landscaping) to reduce the required 5' wide landscape strip
to 2' along with increasing the distance between the trees
form 30' to 40' adjacent to the parking area (north side)
based upon positive findings with respect to Sections
2.4.7(B)(5)(a) - (d).
B. Deny the waiver to LDR Section 4.6.16(F) (Irrigation
Requirements), to allow no provisions for an automatic
sprinkler system, based upon a failure to make a positive
finding with respect to Sections 2.4.7(B)(5)(a) and (d).
Attachments:
* Reduction of Landscape Plan
* Letter of Request
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5 Northeast 2nd Street
Delray Beach. Rorida 3~.J4
(407) 495--0198
,~c;1.91~1~{~';~~~~} .~~~Xo~~~~~ A ~,l q~,~~-
December 3, 1992
City Commission
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: COASTAL REVEGETATION, INC. - SITE PLAN APPROVAL
REQUEST FOR WAIVER
Coastal Revegetation, Inc. is hereby requesting a waiver for
the requirement of a 5 ft. landscape strip between the north
property line and our parking area, and accept a 2 ft. wide
strip (which currently exists in the form of a 7 ft. Ficus
hedge). Our request is based solely on the fact that we
cannot comply with Code requireoents regarding the numbers
and sizes of parking spaces unless we decrease the landscape
strip from 5 ft. to 2 ft.
We are also requesting a waiver for the requirement of an
automatic irrigation system, as new plant materials will be
drought resistant, and sodded areas vill be hand watered.
If you have any questions, please do not hesitate to call.
Sincerely yours,
Y/~/~~,75. 7C~
Pamela B. Reeder
PBR/jp
Design for man in harmony wilh nature
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[IT' DF DELRA' BEA[H . .
~' ~ ' .'-~
CITY AnORNEY'S OFFICE 200 NW hi AVENUE' DELRAY J3EACH, PI.ORIDA 33444
FACSIMILE 4071278.4755 "'2'.l.tI..2". D.l.r.atl. L.l.n.
(407) 243-7090 .
MEMORANDUM
Date: January 5, 1993
To: City Commiasion
David N. Tolces, Assistant city Attorne~
From:
Subject: Bid Award for In-Line Booste! Station
Project No. 90-05
: On December 4, 1992, the City received sealed bids for the
above project from Beven (7) contractors. The apparent low
bidder was Utilities services, Inc. with a total bid price of
$3,126,297.00. The apparent second low bidder was Harry Pepper
and Associates, Inc. with a total bid price of $3,135,062.00.
The engineer's construction .stimate was $3,306.095.00,
: including a 10\ construction contingency.
The atta~d letter from PEC outlines the problems with the bid
submitted by Utilities Services, Inc., and the analysis of the
situation. As the letter explains, the City reserves the right
! to waive any informalitie8 within a bid as long as the error or
I miacalculation is not material. In this instance, however, it
; is our office's opinion that the City should not waive the
irregularities.
i
\ There is only an $8,700.00 d1fference between bids on a $3
I
i million dollar project. The bid submitted by Utilities
I Services, Inc. contains omissions reC}arding bid items 1.15,
1.18, and 1.20. The City is under no ob11qat!on to accept a
I bid that is not properly completed. The Env1ronmental Services
! Department is confident in Harry Pepper's abilIty to complete
I the project. Therefore, it is staff's recommendation that the
Utilities Services bid be rejected, and that the City award the
bid to Harry pepper and Associa-tee, Inc. in the amount of
$3,135,062.00.
I It you have any questions, please call.
l .
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I DNT: sh
Attachment
! cc: David Harden, City Manager
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PROFESSIOt'!AL ENGINEERING CONSUL TANTS, nN.a~c'~'!P; 1!J i (:rr\'wr~;
9?[.....'. t~f;O: 10
- .ii.1. 1
December 10, 1992 . I:. .'.; .: . '. J .DB.~/3 0
t \ t,.. ~.,.' ~.. 'J l .
3-1.0 ,
Mr. William H. Greenwood
City of Delra)' Beach
Environmental Services Department
434 South Swinton A venue
Delray Beach, Florida 33444
Re: City of Delray Beach .
In-Line Booster Master Pump Station and
Transmission System Improvements. Evaluation of Bid Proposals
Dear Mr. Greenwood:
On December 4, 1992, the City of DeJray Beach received sealed cons~ction bids for
the referenced project from seven (7) contractors. The attached tabulation of bids
represents a summary of unit prices by each respective Bidder. Mathematical errors,
omitted items or incorrect extensions, if any, are noted at the end of the summary. The
CO=bid tabulation shows Utilities Services, Inc. as the apparent low bidder with
I total bl price of $3,126,297.00. The second apparent low bidder is HarTy Pepper
and Associates, Inc. with a total bid price of$3,13S,062.00, and the third apparent low
bidder is Widell Associates, Inc. with a total bid price of 53,165,200.00. The highest
total bid price is 53,961,890.00 submitted by Ric-Man International, Inc., while the
Engineer's constnaction estimate is $3,306,095.00 including a 10~ construction
continaency. The bid pmposaJs of the three apparent low bidders are complete and
properly executed (except as noted on the attached Bid Checldist and Reference form).
They have acknowledged receipt of all addenda as prescribed and have submitted
proposals to comply with other bidding requirements.
The construction bid submitted by the apparent low bidder, Utilities Services, Inc. J
requires an explanation to discuss seveml bid items which were corrected in the bid
tabulation. As requested by George Abou-Jaoude, we contacted Utilities Services, Inc.
to obtain additional information regarding ~eir bid. For Bid item No. 1.15 (Asphalt
! Access Driveways), it appears that the bidder mistakenly wrote values in the bid
J schedule as if thi~ were a lump sum bid item when actually it is a unit price bid item
I with a quantity of 70 square yards. (See attached bid schedule for Utilities Services,
Inc.). The total price provided for this bid item is $1,680.00, which would be a unit
i price of $24.00 per square yard. This unit price is reasonable when compared to the
, other bids, and Utilities Services, Inc. has indicated in writing that the unit price should
,
: have been $24.00 instead of $1,680.00 as shown on their original bid schedule (see
"f1gI~IS
',6'11>>fS
, fll'W'yOlS 200 Easl Robinson S;':'~l . $ui:e ~ 55:i . 0Ij~nt')o, rlJnda 32S(,1 . 4Di ~::~'5Je2 · FA.A 407 S~;,E-':~l
.
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Mr. William H. Greenwood
December 10, 1992
Pase 2
.
attached correspondence dated December 8, 1992). It is our opinion that this was not ,
a multiplication error because 51,680.00 would not be considered a reasonable unit
price for a square yard of asphalt. Therefore, the bid tabulation shows a corrected unit
price value of $24.00 per square yard.
Additional corrections to the Utilities Services, Inc. bid schedule concerns bid Items
No. 1.18 (Construct Booster Master Pump Station) and No 1.20 (Indemnification).
I Utilities Services, Inc. has indicated in writin& that the values for these bid items were
I inadvertently omitted when fillins out the bid schedule, but they are included in the total
I
bid amount of $3,126,297.00. Utilities Services, }nc. further states that these values
I are $972,420.00 for Bid Item 1.18 and 525.00 for Bid Item 1.20, both of which are
I reasonable values when compared to the other bids. The c:orrected bid tabulation
reflects these values.
I Based upon the information presented in the bid proposal Questionnaire, each of the
three apparent low bidders are licensed contractors in the State of Flori,da and seem to
I possess the manpower, facilities and equipment necessary to perform the work within
I the time specified. We have contacted three references for each of the three apparent
1
/ lowest bidders. A summary of our survey is presented in the attached "Bid Checklist
I
! and Reference" forms. The apparent low bidder. Utilities Services, Inc., has indicated
I
I to ustllat the 1arlest project they have completed in the past was valued at
I approximately 52,000,000.00. The second and third apparent low bidders have
I reportedly completed projects ,of a larger amount than their respective bids for this
project.
Also included as part of tl2e Questionnaire is atinanciaJ statement from the apparent low
bidder.
.
Accordin& to Article 16.1 of the Instructions to Bidders, the City reserves the right to
.reject an)' and all Bids,. and "to waive any and all informalities and/or irregularities. ..
The issue of whether or not the City should waive the above referenced irregularities
in the bid ,by Utilities Services, Jnc. should be based on leaal advice. We recommend
that the City request an opinion on this matter from the City's legal staff so that our
appropriate final recommendations can be made reearding award of this contract.
.
"
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BID CHECKLIST AND llEFERENCE PORM
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Owner: City of Delray Beach Name: Harry Pepper at Assoc., Inc.
.
Location: Delray Beach, Florida Address: 119 W. Ith Sb'eer ,
Jacksonville, FL 31206
Contract: In-Un. Bootter Muter P .S. COntractor', No.: C6C038649
Check One Commenti
Checklist Yet No N/A
Indemnification (minimum $10) .I
Bid proposal properly liped'l ./
Acknowltd,e aU addenda? ./ .
5" Bid BoDd? ./
Noncoltulion Affidavit? rI
Power of Attorney rI
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Sworn statement under public entity rI
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DruS Free Workplace Certification ./
Trench Safety Act .
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Schedule of Base Bids Manufacturer ./
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CITY ATTORNEY'S OFFICE TEL No, 40 7 2? 8, 4 755 .J an J?? 3 1 5 : IJ <;I ~, ,_ Ll
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LEIBY FERENCIK LIBANOFF AND BRANDT
p~(lr~~;eilC)~~AI. ,t.,$F.OCI,l.\~!.ON
ATTORNEI'S .'~ u'w PEtJTHOUSE ~
LARRY R. LEIE's ~~, ( l<~r)1"t T )(jp 'n 1" ~~,~ '.I,W;(;~ &TReer
ROBERT E. ~E.F\E.f~C!~:. JP, fi~ LV T -': .' - h da1.. - _.1 . ,::1.-.1:.. fii'<\1i. fLORID/>. 33169.6457
lR.t'1 L. ~13/\NOFF f)).'.OE (;)0.5;, 9";9..&\)0;3
AU,N c. (~E'tER.f SR,6,NDT. J~. 8P.ov.r.':..RD OO~i) ~:2S,,':}5~~]
STEVEr. M. RUBEATCNI: fAX 1305 949.7922
ALeXANDER J. WILLIAMS, JFl. . ,i ..
KATHLEEN E. BENTE 420 tJQRTH!;J\ST THIRD STREET
NI:STOR BUSTAt,\ANiE III ~GRT lPUDERDALE, FLORIDA .13~()1
NADINE R. FIALKOW BROV,.,ARD (305i .:61-2127 ..
6~~~DU~~;~~,~ER FACSIMILE TRANSMITTAL COVER SHEET FAX. 13051 523-3240
PATP.ICEA7EDESCKOOFCC,"INSEl From FAX No. 305/523-3240
DATE: ,/ 1/ /9)
FILE NAME AND NUMBER: US r /I. ~ ~L
3{lj'j:'. 1 J03
FAX SENT TO FAX NUMBER: {rO-~la-':l3_--:~_0_11~_v:._.__._
FAX SENT TO (COMPJillY NAME), ~,~TC"'~
ATTENTION OF: .
FAX SENT BY (NAME), 4Qj~~ fjU~ I), t::S7.
, 117) 0
# OF PAGES FAXED, INCLUDING THE TRANSMITTAL COVER SHEET.
MESSAGE:
Confidentiality Notice
t.rhe information contained in this communication is confidential,
may be attorney-client privileged, may constitute inside
information, and is intended only for the use of the addressee.
Unauthorized use, distribution, disclosure or copying is strictly
prohibi ted and may be unlawful. If you have received this
communication in error, please immediately notify us at
305/467-2727 to receive return information.
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL 305/467-2727.
END OF FIRST PAGE.
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_ P.02
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LEIBY FERENCIK LIBANOFF AND BRANDT
PR<':""'lfiSSION.ACA86QCIATION
ATTORNi:<YS AT LAW pet'JTHOUS:::;~
LARR'{ R, LEIOY ~9Q NW H,,5 STR~Sr
ROBERT E, FERENCIK, JR. RI;=PI.Y TO: MI^MI, rLOfl'OA 3:\169-€457
IRA L. L18ANOFF Dr"ll!; (.105) g'!9-.,lOOj
ALAN C, (PETER) BRANDT, JR. Fort Lauderda le 8F:Ov,-ARD (30.5) ~,2~<'-~5')
STEVl;N M, RU8ERTONE FA:( (305) '0"1;,- 788:,
ALEXANDER J. WILliAMS. JR,
K,O. THLEEN E. BENlE 420 I'lORTHEN3T THI''D STREET
NESTOR BUSTAMANTE III FORI LAUDERDt,I_E. FLORIOA :<3:30'
NADINE R. FIALKQW BROv,jARD (3.)51467 -2727
ARTHUR L BERGER FAX (:lCi5j 523-3240
DAVID H. BRODIe: January 11, 1993
PATRICE A. TEDESCKO, OF O'UN~EL
VIA TELEFACSIMILE
AND REGULAR MAIL J
I
1/ -1/
David Harden, City Manager ,~
CITY OF DELRAY BEACH '\ I I t,
200 Northwest 1st Avenue ) ~\
Delray Beach, Florida 33444 ~
Re: In-Line Booster Master Pump Station
Dear Mr. Harden:
Confirming our conversation of this afternoon, this office
represents utilit.ies Services, Inc. On Friday, January 8, 1993,
Utilities services learned through rumor, that for the first time,
there was a recommendation that its bid be rejected and the
contract for the Master Ptunp Station awarded to Harry Pepper &
Associates. This information was confirmed today by conversations
with Assist.ant City Attorney, David, Tolces and receipt of his
memorandum concerning same.
We were also advised for the first time today, that the matter
is on an agenda for tomorrow evening starting at 6:00 P.M. I have
.L. t;;;.....l Uol;;: ~ \".I;;:I,J. LH.:1l.- LHt:: !lla L Lt::;.L lJ\:; Lo.lJ~\:;U LV LUe;: UC;^ l.. a v 0..1.. ~a.lJ~c; .......VlIUtl.1..;:,-
sion meeting (or special meeting, if available) to afford us an
opportunity to meet with City representatives to consider the
actions planned.
It is our concern, given the threatened litigation by other
bidders, that a decision was made on the easiest way out and not on
the merits. Having received notice of the up coming agenda, my
client has directed me to file a lawsuit seeking injunctive relief.
I expect that the Complaint will be filed first thing tomorrow
morning and an emergency hearing sought before a circuit, court
judge in Palm Beach County. You have informed me that the City
commission would have to decide on whether to table the item. With
that in mind, we will proceed with the filing of the lawsuit and
attempt to secure an emergency hearing and an injunction.
P.03
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~avid Harden, City Manager
crry OF DELRAY BEACH
January 11, 1993
Page Two
If you or the City Attorneys have any questions O~ comments,
please give me a call.
Very truly yours,
LEIBY, LIBANOFF
P.A.
By:
cc: Utilities Services, In.c.
AJW,JR/cr
LEIBY FERENCJK LIBANOFF AND BRANDT, P.A.
420 NORTHEAf3T THIRD f3TREET, FORT LAUDERDALE, FLORIDA 33~30'1
(305) 467 -2727 o:x (305) 523-324Q
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: JlIPcITY MANAGER
SUBJECT: AGENDA ITEM it qF - MEETING OF JANUARY 12. 1993
AWARD OF BID/DRAINAGE IMPROVEMENTS -TROPIC HARBOR/SPANISH
TRAIL
DATE: January 8, 1993
This item is before you to award the bid for drainage improvements at
Tropic Harbor/Spanish Trail to Tiger Construction Services, Inc, in
the amount of $198,865.
This project consists of the removal and replacement of the drainage
system for Tropic Harbor and Spanish Trail as well as pavement and
landscape replacement.
Funding is available in the Stormwater Utility Fund as follows:
N.W. Drainage - Account No. 448-5411-538-62.11 - $ 25,000
Germantown - Account No. 448-5411-538-62.15 - $100,000
N.W. Drainage Phase I - Account No. 448-5411-538-62.16 - $ 50,000
Homewood Drainage - Account No. 448-5411-538-63.31 - $ 30,000
The indicated amounts will be transferred into Tropic Harbor Drainage
(Account No. 448-5411-538-63.32).
Recommend approval of the award of bid to Tiger Construction in the
amount of $198,865 with funding as indicated.
~ 5-0
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It- '( !
:.. ' I L -L/c!.l
. ""-
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER cJ1
THRU: WILLIAM H. GREENWOOD ~~
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E.\Z)/-
CITY ENGINEER
DATE: JANUARY 6, 1992
SUBJECT: DRAINAGE IMPROVEMENTS
TROPIC HARBOR/SPANISH TRAIL
PROJECT NO. 92-40
BID NO. 93-13
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Enclosed are the bid tabulations and Notice of Tentative Award
for the referenced project. We have reviewed the qualifications
of the low bidder and, based on our review, we recommend award to
Tiger Cons~ruction services, Inc. for their bid of $ 198,865.00.
This project consist of the removal and replacement of the
drainage system for Tropic Harbor and Spanish Trail as well as
pavement and landscape replacement.
The funding source for this project is 448-5411-538-63.32.
Please execute the enclosed Notice of Tentative Award and return
to this office for processing.
RH:DB:kt
Encls.
cc: William H. Greenwood, Dir. of Env. Svcs.
Ted Glas, Director of Purchasing
File: 92-40 (D)
Memos to City Manager
.
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date January 8,1993
(3) Interfundllnterdepartmental Transfer (4) Batch Number 22/ESD
(5) Requested By: Ralph Havden. City En~ineer
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
448-5411-538-62.11 NW Drainage Area Project $ 25,000
448-5411-538-62.15 Germantown 100,000
448-5411-538-62.16 NW Drainage Phase I 50,000
448-5411-538-63.31 Homewood Drainage 30,000
448-5411-538-63.32 Tropic Harbor Drainage $ 205,000
(10) TOTAL $ 205,000 $ 205,000
JUSTIFICATION: Transfer necessaty to cover costs needed for the Tropic Harbor/Spanish
Trail project which consists of the removal and replacement of the existin2 draina2e
svstem as well as oavement and landscaoe reolacement. This --~~ ~t is on the City
Commission meeting of January 12, 1993.
.- ~-
Department Head ~ /}) 51 ~^ /J//6/f3 Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAI,-RllnAFT r.ANARV-FII 1= Plt-.\I( _ne:D ^ DT' 'CtllT
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DEC-23-'92 14:37 ID:MUDGE ROSE W P B TEL NO:407-833-1722 t:l543 P02
MUDGE ROSE GUTHRIE: A~e:XANDER & FERDON
lao "'AII)EN ~Nt SUITE 900. NORTHBRIDGE CENTRE .2121 K STREET, N.W.
NeW YO"K. NEW YOItK '003B WASHINGTON. D.C. 20037
II J...o.{OOO 616 NORTH FLAGLER DRIVE 202'421""3!!!!
- -
030 rlnw ..VENUE SUITE eDeD
WEST PAl..M BEACf.1. FLORIDA 33401 333 !DUTH GR"'NO AVENUE
llUITC 1650
NEW YOAK, N, Y, 10111 - LOS "NonES. CALIF,1iI00"
212-332-1t500 407-650.e 100 ZI3.813.,".
- I -
"'011"'$ CO""O"ATC CENTER TWO - I Z. RUE Dl: LA PA')(
ONE V""C" PONO "OAO BLOG. 0 ~...esl...ILE: 407.833,l?Za 715002. PARIS. 'AANCf:
.A"lll........T, NEW JERBEY D70e-. ql....',~1.&1.1.
THEX: WU ~14G47 -
201-33!!-0004
'O"A"'O"'ON 37 1040'" IU'LDINO
!I.I TO""'NO",ON 3.e"OM(, ""NATO-KU
T'OKYO ,01. ,J"DA~
December 2, 1992 l03. 3-4.)7'.'001
- Jeffrey S. Kurtz, Esq.
City Attorney
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Modification of Use of Funds
Decade of Excellence Bond Issue
Your File #5G-89.002
Dear Jeff:
You have asked this Firm to research Florida law regarding the above-referenced matter.
Enclosed herewith is a copy of our internal memorandum and case law relating thereto.
In summary, we believe it is necessary to ask the voters (by way of referendum) to
approve the alternate use of the bond proceeds to widen the west half of S.W. 10th Avenue
rather than the east half. In addition, since the Bonds and the specific use of the proceeds were
validated, we believe, to the extent of any change in the use of the Bond proceeds, the validation
would no longer be effective for the new use. However, since the new project clearly serves
a valid public purpose, we don't believe the City or the validity of its Bonds are at much risk
if challenged.
If you should have any questions or would care to discuss the matter further, please do
not hesitate to call.
Very truly yours,
.- -Ii-:
" I}, (/..
._ I.':.
Stephen D, Sanford
SDS :dr
C:\1>ATA\DBLRA YIDllOOPBX.LTR 9,Q.
.
. DEC-23-' 92 14: :;:.12_. ID: MUDGE ROSE LJ P B TEL NO:407-833-1722 t:;543 P03
I
'.,IL" ~ V
r MUDGE ROSE GUTHRIE ALEXANDER & FERDON
MEMORANDUM
.
FOR stephen D. Sanford December 1, 1992
RE: city or Delray Beach, Florida
Modif ication of Use of Funds in Decade of Excellence
Program
'ACTS
The city of Delray Beach, Florida (the IlCity") issued its
$11,280,000 General Obligation Bonds, Series 1990 (Decade of
Excellence Program) (the "Bonds") to fund various capital projects,
including the reconstruction of and improvements to certain
streets. Prior to the issuance of the Bonds, the proposed bond
issue was submitted to the voters for their approval at an election
held on November 21, 1989 by the city. The Bonds were approved by
a majority vote. The Bonds were also validated. The referendum
resolution adopted by the city Commission set forth a description
of the capital projects, including the specific streets to be
reconstructed and/or improved.
The city has now determined that is wishes to use a portion of
the bond proceeds to widen streets other than those originally
contemplated thereby.
ISSUE
Whether the city may use a portion of the bond proceeds to
reconstruct and improve streets other than those specifically
designated where the city. adopted a referendum resolution that
contained express provisions setting forth the specific streets
included in the capital projects to be constructed from bond
proceeds?
DISCUSSION
In Florida, the law is well settled with respect to the scope
of authority of elected officials to mOdify the use of bond
proceeds subsequent to the issuance of bonds that were approved by
the voters pursuant to a referendum.
The rule in Florida, first promulgated by the Florida supre~e
Court in Whitner v. Woodruff, 68 Fla. 465, 67 So. 110 (Fla. 1914)
is that when a vote of the people for issuance of bonds has
authorized the paving of a certain street in a municipality at
public expense, the county commissioners have no authority to
substitute another street to be so paved. In reaching this
conclusion the Florida Supreme Court set forth several alternatives
that the County may have pursued. The issue arose out of a mistake
made in attempting to award the road construction contracts, when
it was ascertained that the funds voted were insufficient to carry
1
.,
DEC-23-'92 14:~9 _JD:MUDGE ROSE W P B TEL NO:407-833-1722 1:1543 PC14
. -
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out the original scheme. The Court stated that it became the duty
of the commissioners lito call for new bids, to decline to award the
contract, or to ask again for further power or for more money".
I.Q...... at 111. It stated that with respect to changing the proposed
route of the street, "[w)hile the citizens might, if requested,
have such confidence in their officials as to give them power in
general terms, yet, when the request is for specific limited power,
those officials must keep wi thin its limitations. II ~ at 110.
Whether the Court would have reached a different conclusion had the
county commissioners sought voter approval of the proposed route
change is not clear from the decision.
This rule has been repeatedly upheld Py the Florida courts.
In state v. City of Miami, 76 So. 2nd 294 (Fla. 1954) citing to
W~odruff , the Florida Supreme Court ruled that where city was
_authorized to issue bonds for improvements and the amount of money
allowed to each improvement was set forth by the city council in
resolutions authorizing the bonds, only one bond issue was
necessary to accomplish the purposes of all the resolutions, but
once the bonds were validated, the purposes set forth in the
resolutions could not be changed. Specifically, the Court stated
that "the amount set forth for sanitary sewers could not be changed
for hiqhway improvements or for parks and recreational facilities
although each of these purposes is covered by the one issue of
bonds desiqnated Capital Improvement Bonds". ~ity of Miami at 297.
Accord, Pirman v. Florida Stat~ Improvement Commission, 78 So. 2nd
718 (Fla. 1955) (Board of County Commissioners may describe road or
locate road prior to validation and issuance of bonds, and when
that is done, board will not be permitted to deviate from location
as established.)
In Oven v. AUiley, 143 So. 588 (Fla. 1932), the Florida
Supreme Court reiterated this rule and held that where the
resolution for the issuance of bonds designated a road for which
proceeds should be ufjed, county commissioners could not divert
unexpended balance to another road.
Nevertheless, it may be possible for the City to hold a
referendum modifying and amending- the original referendum
resolution. There is no case law in Florida on point. However, in
Woodruff, the Florida supreme Court states, in referring to the
authority of the elected officials, that "it became then their
. . . . duty to ask again for further power or for more money.tt
Woodruff at 111.
In general, the power of referendum may be conferred by the
sovereignty upon a municipality with respect to any matter,
legislative or administrative, within the realm of local affairs.
McQuillin Huni corp S16.54 (3rd Ed. 1989) . There is case law in
other juriSdictions where an amendment of bond issue has been
deemed a proper proposition for referendum.
2
'I
DEC-23-'92 14:40 ID:MUDGE ROSE W P B TEL. f~Q:AQ?-:333-t??~~ 1:1543 F'C15
I
. ~ V
In general, the issuance and sale of the bonds' and the
referendum resolution under which they were issued constitutes a
contract between the issuin9 body and the voters. ~ at 590. If
the City were to deviate from the express authority of the
referendum resolution, the city may subject itself to a challenge
by the voters who may seek to enforce those express provisions.
Therefore, the City may not modify the use of the bond proceeds for
the reconstruction or improvement of streets other than those
expressly authorized by the voters.
In the alternative and following the language of the Woodruff
decision, it may be possible for the city to obtain approval from
the voters to modify its original referendum resolution. Pursuant
to its Charter, the City may determine to hold a special election
whereby it would propose to amend its bond issue, particularly the
.street improvements to be constructed and/or improved.
The Woodruff decision, however, does not address a bond issue
which has been validated. And, the Florida Supreme Court has ruled
in subsequent decisions as set forth above that once a bond issue
has been validated it may not be modified.
Gerna M. pif)on
b:Imecnot~.bch
3
, '
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
C1H
SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 12. 1993
CHANGE ORDER NO, l/FALKAV. INC. AND ALLOCATION OF ADDITIONAL
FUNDING FOR TENNIS CENTER PROJECT
DATE: January 8, 1993
This item is before you to approve a change order in the amount of
$47,697.70 to the contract with Falkav, Inc. for miscellaneous changes
to the Tennis Center project and to consider allocating additional
funding in the amount of $250,000 from the CRA repayment.
Changes to the contract include:
-Increases the restroom fan size for additional ventilationj
-Increases the restroom door louver size for additional
ventilationj
-Deletes bike rackj
-Changes door height elevation due to elevation changes at
restroomj
-Installation of sonotube to prevent damage to storm drainage
line at Court #6;
-Installation of additional piping to tie clubhouse roof and
sanitary lines to existing structuresj
-Increases tennis court pagodas pad from 8' x 10' to 10' x 20' j
-Increases structural integrity of observation deck at clubhousej
-Revises the irrigation system by using a "Cal Cap" systemj
-Miscellaneous electrical changesj
-Changes in the storm drainage piping from reinforced concrete to
corrugated aluminumj
-Installation of additional piping for water fountains at tennis
pagodaj
-Air conditioning upgradej and,
-Installation of a 4 ' green vinyl coated chain link fence with
gate.
Detailed information on Change Order No. 1 is attached as backup
material for this item.
Additionally, staff is requesting that the Commission allocate
$250,000 from the CRA repayment to cover additional project costs,
including estimated expenditures for legal services and a 2%
contingency. A breakdown of expenses is attached as backup material
for this item.
Recommend approval of Change Order No. 1 in the amount of $47,697.70
to the contract with Falkav, Inc. for miscellaneous changes to the
Tennis Center projectj with funding from General Construction Fund -
Tennis Center/Stadium (Account No. 334-4145-572-63.41) and allocate
$250,000 from the CRA repayment.
.
.
.
. Agenda Item No.:
, AGENDA REOUEST
Date: January 5, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: January 12, 1993
Description of item (who, what, where, how much): Staff requests city
Commission to approve Change Order #1 to Falkav, Inc. on the Delray Beach
Tennis Center (92-39). Change Order No. 1 is for miscell~neous changes for the
Project. The Changes to the Contract include site and building revisions,
tennis court revisions, tournament facilities additions and a fenced
play area north of the Community Center required by HRS. All changes are
itemized per schedule "A" attached to Change Order #1 (Exhibit A). Change Order
#1 is for a net add amount of $47,697.70. Funding Source is 334-4145-572-63.41.
Also provided is a "Cumulative Change Order Summary" which summarizes all items
added by Change Order to date and the ori~n of init~~~~~~E~hibit B).
Additional funds are requested, totalling ~~,~;Q, from the CRA repayment to
cover the project's current deficit and proposed expenditures for legal services
and a 2% contingency. Attached is a breakdown of expenses through Janaury 5, 1993.
.
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED~NO
Recommendation: Staff Recommends approval of Change Order #1.
~~~::~:;:~ Head ~~~o~. ~ _.,J I#/~J ~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YE NO
Funding alternatives (if applicable) ~ ~
, Account No. & Description i:lf 6. V;l ~~ ~. ~~~~:L.IV/vu cJ:~tvlS.
~ Account Balance ~ ~ 2St"_ D '" \J ~ '..rTa' C
City Manager Review: @/NO (pI
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
-.
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. E X/~/{J 11 A
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 92-39 DATE:
PROJECT TITLE: Delray Beach Tennis Center
TO CONTRACTOR: Falkav, Inc.
YOU ARE HEREBY REQUESTED ,TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Construct miscellaneous changes to project per attached schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 2,496,963.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 2,496,963.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 47,697.70
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 2,544,660.70
PER CENT INCREASE THIS CHANGE ORDER 1.91 !Ii
- -
TOTAL PER CENT INCREASE TO DATE 1.91 !Ii
- -
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 0 CALENDAR DAYS
- -
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
for Digby Bridges, Marsh and Assoc for Falkav, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-4145-572-63.41
FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND. ~~L l4'13 By:
Ralph Hayden, City Engineer Thomas E. Lynch, Mayor
.'
ATTEST:
APPROVED: By:
City Attorney City Clerk
..
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.
Schedule "A" )
Change ~rder #1
roject No. : 92-39
roject Name: Delray Beach Tennis Center
tern Falkav Total Origin of initiation/Explanation
No. Description COR #
---.----------.-.---------.-....--.-----.------------.-------------------------------------------------------------------.--.--------
1 Cost of Increased fan size per engineering review to achieve
additional ventilation at stadium restroom 1 $524.37 AlE change for demand at tournament
2 Increased louver size in stadium restroom doors to increase
ventilation 4 $279.97 AlE change for demand at tournament
3 Credit for deleted bike rack 6 ($550.00) City (Parks) requested
4 Change of door height elevation due to elevation changes at
restroom 8 $479.95 AlE change for aesthetics
5 Installation of sonotube to prevent damage to storm drainage
line at court # 6 9 $927.41 AlE change because of conflict
6 Additional piping required to' tie clubhouse roof drains and sanitary
lines to existing structures 11 & 12 $819.77 AlE change to meet City relocated
sanitary main
7 Increase in size of tennis court pagodas (awnings and concrete) pad
from 8' x 10' to 10' X 20' to meet tennis court standards with the
industry 16 & 17 $10,810.56 City (Parks) requested
8 Increase structural integrity of observation deck at clubhouse
to achieve extended warranty from roof membrane manufacturer
(tongue and groove plywood versus butt-edge) 18 $1,616.00 AlE change to obtain warranty from
deck manufacturer
9 Credit for revised irrigation due to select.ion of "Cal Cap" system
of tennis court irrigation 22 ($3,400.00) City (Commission) requested change du
to accepting Cal-Cap court alternate
10 Electrical changes
Provide electric service to ball machines on clay courts furnished
by the Ci ty 15 $2,346.00 City (Parks) requested
Provide electrical service to pro shop display counter being provided
by City 15 $1,631.00 City (Parks) requested
Provide photo-cells for security lighting at clubhouse 15 $244.00 City (Parks) requested
Extend intercommunication system to television court #1 15 $1,478.00 City (Parks) requested for tournament
Install FPL conduit (furn by others) to new point of service 23 $1,476.00 City requested - credit from FPI
for installation by City
Provide Southern Bell conduit for additional phone service 23 $2,919.00 City (Parks) requested for tournament
Provide grounding required by Southern Bell to all phone board
panels 23 $202.00 City (Parks) requested for tournament
Intercommunication upgrade for pole mount speakers 23 $2,195.00
Provide lightning rod protection for City provided light poles 26 $897.00 City (Parks) requested per Contract
Provide upgrade of switchgear/panel at Community Center to meet
current code standards and for additional amperage load $9,419.16 City (Parks) requested for tournament
Allowance to be used for tournament requirements as requested
and as directed by Architect $15,000.00 City requested for servicing tourn-
ament temporary facilities
11 Credit for changing Storm Drainage piping from Reinforced Concrete
to Corrugated Aluminum 25 ($7,683.60) Contractor requested Value Engineerin
12 Additional piping for water fountains supplied by City at tennis pagoda 13 $973.49 City (Parks) requested
..
13 Air conditioning upgrade at clubhouse for change in ceiling heights 24 $453.13 AlE design change
14 Install new 4' green vinyl coated chain link fence with gates per
HRS north of Community Center - to be complete by 1/31/93 $4,639.49 City (Parks) requested
--------------
Total net add Change Order #1 $47,697.70
==============
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~I~ITY MANAGER
SUBJECT: AGENDA ITEM :It (1"r. - MEETING OF JANUARY 12. 1993
ADDENDUM NO. 1 TO SERVICE AUTHORIZATION NO. 2/LAWSON.
NOBLES AND ASSOCIATES
DATE: January 8, 1993
This item is before you to approve an addendum to Service
Authorization No. 2, to the contract with Lawson, Nobles and
Associates, in the net amount of $13,687, with reimbursable expenses
of $4,813; and, which modifies Service Authorization No. 2 by deleting
Phase V construction administration services for a savings of
$17,412.60.
This addendum provides for additional engineering services required
for the reconstruction the following streets: Swinton Circle, N.E,
14th Street, N.W. 2nd Avenue, N.W. 9th Street, Lake Drive, Dale Lane,
N.W. 13th Street and N.E. 9th Street. The addendum also modifies the
service authorization by deleting Phase v, construction services,
Reconstruction of these streets is neces sary due to the installation
of storm drainage and utility upgrades for problem areas that were
identified after the approval of the service agreement. Construction
administration services will be provided by City staff.
Recommend approval of Addendum No. 1 to Service Authorization No. 2,
to the contract with Lawson, Nobles and Associates, in the net amount
of $13,687, with reimbursable expenses of $4,813; and which modifies
Service Authorization No. 2 by deleting construction administration
services; with funding from Decade of Excellence Bond Issue - Street
Reconstruction Phase I (Account No. 225-3162-541-61.17).
"
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD
FROM: DIRECTOR OF ENVIRONMENT~CES
RICHARD C. HASKO, P.E.
ASSISTANT CITY ENGINEER
DATE: DECEMBER 30, 1992
SUBJECT: ROAD RECONSTRUCTION - NORTHEAST AND NORTHWEST AREAS
PN 92-006
- - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached please find an agenda request wi th a copy of Addendum
No. 1 to Service Authorization No. 2 for Lawson, Noble and
Associates in conjunction with the engineering design of the
subject project. This Addendum increases the design scope of
services within the project limits to include water main
upgrades, sewer main repairs and reconstruction, and additional
drainage improvements, which problem areas were identified
subsequent to approval of the referenced service authorization.
In addition, construction administration services will be deleted
from the original scope of services, and will be handled by City
staff.
The original amount of the service authorization is $ 69,692.70.
Additional fees for the increased scope are $ 31,099.60, and the
fee reduction for deletion of construction administration
services is $ 17,412.60. The revised service authorization
amount is $ 83,379.70, with a reimbursable allowance of
$ 4,813.00. The net increase, exclusive of reimbursables, is
$ 13,687.00. The funding source for the project is account
number 225-3162-541-61.17.
RCH:kt
Attachment
cc: Ted Glas, Director of Purchasing
File: 92-006 (D)
Memos to Purchasing
DHDH1230.KT r-
t
.
LAWSON, NOBLE , ASSOCIATES, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
ADDENDUM NO.1 TO SERVICE AUTHORIZATION NO.2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 225-3162-541-61.17
PROJECT NO. 92-006 (CITY) 92-131 (LAWSON, NOBLE & ASSOCIATES)
TITLE: ROAD RECONSTRUCTION PROJECTS - NORTHEAST & NORTHWEST AREAS
This Addendum, when executed, shall be incorporated in and shall become
an integral part of the Contract, dated August 2, 1991, and amends
Service Authorization No.2, dated March 26, 1992, between the city of
Delray Beach and Lawson, Noble & Associates, Inc.
I. PROJECT DESCRIPTION
It is acknowledged that phases I, II, III and IV of Service
Authorization No. 2 have been completed as of this date. The
necessity for additional reconstruction work within the streets
affected by this project was identified as the result of drainage
and utility studies performed for the City at the same time the
Consultant completed engineering services under Service
Authorization No.2.
This Addendum is for the provision of additional engineering
services required for the construction of the additional
improvements previously referenced, and identified as follows:
PROJECT/STREET IMPROVEMENTS
Swinton Circle Water main installation,
sanitary sewer repair and
replacement, reconstruct
portions of drainage system,
and construct drainage
extension to Seacrest Circle
and Seacrest Blvd.
NE 14th Street Water main installation,
sanitary sewer replacement, and
design of retention area at
N.W. 3rd Avenue.
NW 2nd Avenue Water main installation,
sanitary sewer repair and
replacement, swale and driveway
reconstruction.
'.
NW 9th street Sanitary sewer repair and
replacement, water main
installation and swale
reconstruction.
Lake Drive sanitary sewer repairs, swale
and driveway reconstruction,
extend limits of project on
N.W. 4th Ave. to include N.W.
4th Ave. between N.W. 15th st.
and N.W. 16th st. for design of
drainage improvements including
potential of land acquisition
for retention area.
Dale Lane sanitary sewer replacement and
road reconstruction.
NW 13th Street Water service connections and
pavement overlay.
NE 9th Street Water main installation,
replace sanitary sewer, swale
and driveway reconstruction.
This Addendum will also modify Service Authorization No.2 by
deleting Phase V from the scope of services.
II. SCOPE OF SERVICES
A. Phase I - study and Report Phase
Not included.
B. Phase II - Preliminary Design Phase
Not included.
c. Phase III - Final Design Phase
1. Consultant to provide engineering design for utility,
roadway, and drainage reconstruction projects as
identified herein, and in conjunction with roadway
reconstruction plans for roadways identified in service
Authorization No.2. This phase shall include the
acquisition of all permits required to construct the
projects, as well as construction cost estimates to be
segregated per the City's direction.
2. The locations of all repairs and replacements on the
sanitary sewer are to be provided by the city. Also to
be provided by the city are locations of all sanitary
services which are to be repaired or reconstructed.
3. As directed by the City, sanitary manholes will be
repaired, replaced, or remain.
'.
D. Phase IV - Bidding/Negotiation Phase
This phase of Service Authorization No. 2 has been completed.
No additional services under this phase are included.
E. Phase V - Construction Phase
This phase is hereby deleted from Service Authorization No.2.
III. BUDGET
Compensation shall be made using Method II of the agreement as
follows:
A. The City agrees to compensate the Consultant for services in
conjunction with this Addendum for an amount not to exceed
$ 31,099.60.
B. Reimbursable expenses incurred in conjunction with the
performance of services in phase III of this Addendum shall be
compensated in an amount not to exceed $ 4,813.00 as follows:
Palm Beach County Health Dept.
Permit Fees $ 3,000.00
Blue Prints (370 Prints for permits
plus 37 Plan Sets) $ 1,813.00
C. Consultant agrees that a total of $ 17,412.60 in compensation
for services under phase V as authorized in Service
Authorization No. 2 is hereby deleted from the agreement.
D. Total amended compensation for scope of services in Service
Authorization No. 2 and Addendum No. 1 thereto, exclusive of
reimbursables, is $ 83,379.70.
IV. COMPLETION DATE
Consultant shall complete the work outlined in Phase III within
ninety (90) days of issuance of authorization to proceed by the
City.
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous service
authorization. If the City in it's sole discretion is unsatisfied with
the services provided in the previous phase or service authorization,
the City may terminate the contract without incurring any further
liabili ty. The CONSULTANT may not commence work on any services
authorization approved by the City to be included as part of the
contract without a further notice to proceed.
'I
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date: Date:
Thomas E. Lynch
Mayor
Witness
Witness
Attest: STATE OF
COUNTY OF
The foregoing instrument was
acknowledged before me this __
Approved as to Legal day of ,
Sufficiency and Form by
(name of officer or agent,
title of officer or agent), of
( name of corporation
acknowledging), a
(state or place of
incorporation) corporation, on
behalf of the corporation.
He/She is (personally known to
me) (or has produced
identification)
(type of
identification) ( a s
identification) and (did/did
not) take an oath.
Signature of Person Taking
Acknowledgment
signature of Acknowledger
Typed, Printed or Stamped
'I
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: plJCITY MANAGER
SUBJECT: AGENDA ITEM # q~ - MEETING OF JANUARY 12 . 1993
CHANGE ORDER NO. 2/DEES CONTRACTING. INC.
DATE: January 8, 1993
This is a change order in the amount of $18,253.46 to the contract
with Dees Contracting, Inc, for miscellaneous structural repairs
required on the Elevated Storage Tank and extending the warranty for
the remedial repairs.
The Elevated Storage Tank project was completed in March, 1992.
Recently it was noted that there was rust on the bottom of the tank
bowl. The consultant, subconsulting inspector and contractor were
contacted regarding this condition. It was their consensus that the
rusting was isolated around the rivets and that it was due to a build
up of moisture between the rivet heads and tank. There are
approximately 3,500 rivets under the bowl of the tank. The unit price
in the contract for rivet replacement is $70.00 each. Following the
inspection, it was determined that the rivets did not need to be
replaced. If replacement of the rivets was necessary, the work would
have been done under the warranty with Dees Contracting.
The contractor completed the project per the plans and specifications
provided. The rivet areas were properly prepared and painted.
Therefore, as the problem was caused by a problem outside of the scope
of the contract, staff is recommending that the Commission approve
this change order. The procedure proposed for repairing the tank is
to sandblast the rivetsj apply one coat of primerj seal all leaking
rivet seams and apply an intermediate and top coat to the tank. The
painting of the rivet shafts, i. e. taking out and painting, was not
specified by the Engineering firm who prepared the specifications.
Recommend approval of Change Order No. 2 to the contract with Dees
Contracting, Inc. , in the amount of $18,253.46 for miscellaneous
structural repairs to the Elevated Storage Tank and extending the
warranty to cover the remedial repairs i with funding from Water and
Sewer Renewal and Replacement - 1/2 Million Gallon Elevated Tank
(Account No. 442-5178-536-61.79/pending budget transfer from Project
Reserves - Account No. 442-5178-536-99.01).
.
Agenda Item No.:
AGENDA REQUEST
Date: December 28, 1992
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: January 12, 1992
Description of item (who, what, where, how much): Staff requests city
Commission to approve Change Order #2 to Dees Contracting Inc. for Elevated
Storage Tank Rehabilitation (90-01). Change Order #2 is for miscellaneous
structural repairs required for the tank rehabilitation. Change Order also
includes additional remedial work and extended warranty required due to weeping
at the rivets on the bottom bowl of the tank. This condition has resulted in
subsequent condensation buildup and is causing rust under the rivet heads.
Change Order #2 is for a net add amount of $18,253.46 which results in a
adjusted Contract amount of $270,903.46. The actual net add over the Original
Contract amount of $259,111.00 is $11,792.46. Funding Source is
442-5178-536-61.79. .
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends approval of Change Order #2.
Department Head ~~f:} -----~-~~~ 1/6,4 3
Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~NO
Funding alternatives (if applicable) ~ ~1'tTg)
Account No. & Description LfYz. ~~/7S' _c;-3C, c./.)~ w~/2 - "]..N~
. Account Balance ~ I r; I 2..., <..f ;".... JL
(~ '
City Manager Review:
Approved for agenda: ~~/NO {?J/
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9012.doc
.
I
Memorandum
Date: January 5, 1993
To: David T Harden, City Manager
Thru: William H Greenwood, Director of Environmental Services ~~
Ralph Hayden, City Engineer
From: Howard wight, Construction Man~r /
Re: Elevated Storage Tank Rehabi~:::n (90-01)
Agenda justification for Change Order #2
The elevated storage tank was completed in March of 1992 in
accordance with the Contract Specifications. The one-year
warranty for defective workmanship on the tank expires at that
time. Any defects relative to defective workmanship will be
addressed at the one-year warranty inspection next month.
Recently it was noticed that their was rusting on the bottom of
the tank bowl. Post, Buckley, Schuh and Jernigan (Consultant),
S. G. Pinney and Assoc (Sub-consultant inspector) and Dees
Contracting (contractor) were contacted regarding this condition.
It is the consensus that the rusting is isolated to around the
rivets and is due to accumulation of moisture between the rivet
heads and the tank. John Waldorf (S. G. Pinney) has stated that
this is common for this condition to occur due to the
accumulation of moisture collecting in this location from the
rest of the tank and that the bottom of the bowl takes the
longest to dry.
The Contractor completed the Project per the plans and
specifications and the work was inspected and approved daily by
the on-site inspector. The rivet areas were prepared properly
per the specifications (spot blasted) and painted.
There are approximately 3,500 rivets under the bowl of the tank.
There is a unit price item in the Contract for rivet replacement
for $70.00jea. After inspection by S. G. Pinney it was
determined that there were not any rivets that needed replacing
or any other remedial work necessary. Had these ri vets been
replaced we would be looking to Dees to correct the rusting
problem as a normal warranty item.
We feel that the problem is caused by a condition out of scope of
the Contract and for that reason the Contractor should be
compensated for this remedial work. The procedure proposed has
been reviewed with John Waldorf and he concurs that it "should be
sufficient to stop the rivets from further rusting". Should
their be any further occurrence of rusting within the next year
\
.
the extended warranty will cover any further remedial work for
this area of the tank.
The procedure proposed is as follows:
1) Sandblast (sspc-sp10 near white finish) approximately 3,500
rivets on the bottom of the tank bowl (see attached sketch)
2) Apply one coat of primer per Contract specifications to
rivets and tank bowl bottom
3) Apply DURASEAL 2040 SEAM SEALANT to all leaking rivet seams
after priming
4) Apply intermediate and top coat per Contract specifications
Extended one-year warranty will be provided for this work
from date of completion for this work
Price breakdown is as follows:
Price for work items 1, 2, and 4 $6,890.00 x 1 LS=$6,890.00
Price for work item 3 $ 2.65 x3,500 EA=$9,275.00
---------
$16,165.00
----------
----------
This is a rehabilitation Project and a specialized situation.
The specifications were written to try and rehabilitate the tank
both structurally and aesthetically based on the existing
condition of the tank, current Environmental constraints and
limiting the monies spent. At the time the work was being done
this did not include spending money on items like the rivets that
appeared to be all right.
File: 90-010
Memos to City Manager
'I
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 PROJECT NO. 90-01 DATE:
PROJECT TITLE: Elevated Water storage Tank Rehabilitation
TO CONTRACTOR: Dees Contracting, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Miscellaneous structural modifications to tank and additional remedial work required due
to weeping at the rivets on the bottom bowl of the tank and subsequent condensation
buildup. An additional one year warranty on remedial work under bowl will be extended and
start upon completion of that portion of the work. All work is per attached Schedule "A"
attached.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $259,111.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ (6,461.00)
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $252,650.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 18,253.46
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $270,903.46
PER CENT ADD THIS CHANGE ORDER __7_'
TOTAL PER CENT ADD TO DATE !'2-'
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for Dees contracting, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 442-5178-536-61.79 is FUNDING SOURCE
DELRAY BEACH, FLORIDA by its City Commission
1
RECOMMEND: ~db~_-....Jl117/f.3 By:
William H Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
'1
Schedule 'A' - Change Order iI2
Elevated Storage Tank Rehabilitation
Project 190-01
Bid Prices Units Total
====================================
Base Bid credit for items not required:
Replace intermediate clamp on the safety device $300.00 -1 LS ($300.00)
Repair balcony floor after sandblasting with new
plate sections (tot 50 sf) $500.00 -1 LS ($500.00)
Replace nuts and bolts holding the dome cap
to the roof $315.00 -1 LS ($315.00)
Replace bolts holding the finial to the dome cap $52.00 -1 LS ($52.00)
Credit for non-hazardous removal not nec- $13,000.00 -1 LS ($13,000.00)
essary (Item VI)
------------------------
Subtotal Base Bid credit ($14,167.00)
====:z=======
Additional repair items:
Strut replacement > 10 $1,100.00 22 Ea $24,200.00
Replace balcony floor $70.00 o SF $0.00
Mise fillet welds S14.50 o Ea SO.OO
Mise welds to seal pinhole leaks S35.00 9 Ea S315.00
Mise rivet replacement $70.00 o Ea SO.OO
Miscellaneous bolt replacement $60.00 o Ea SO.OO
Replace hatch curb S290.00 1 LS S290.00
Rework interior ladder Sn5.00 1 LS Sn5.00
Replace cap w/vent $8,975.00 1 LS $8,975.00
Replace turnbuckles Sn5.00 o Ea SO.OO
Replace tie-rod pins $475.00 o Ea SO.OO
Tighten Rods $108.75 2 Ea S217 .50
Install ladder cage S7,250.00 1 LS S7,250.00
Repai r riser connection Sn5.00 1 LS Sn5.00
Remove interior spider rods $6,800.00 1 LS $6,800.00
Replace 6" valve and piping S12,600.00 1 LS S12,600.00
Wing plate behind struts $435.00 o Ea SO.OO
Furn & Install safety climb (galv) S5,974.00 1 LS S5,974.00
Caulk eye connections S75.80 o Ea $0.00
Paint base pedestals S1,325.00 1 LS S1,325.00
Sodding (City Portion) $850.00 1 LS $850.00
Brass safety climb S365.00 1 LS S365.00
Clean cars due to overspray ($4,356.04) 1 LS ($4,356.04)
------------------------
Subtotal additional repair items $66,255.46
------------
------------
Additional remedial work to bottom of tank bowl for rusting
rivets caused by condensation residual. Work includes:
1) Sandblast (SSPC-SP) near white finish) approximately 3,500 rivets
on bottom of tank bowl
2) Apply one coat of primer per Contract s~ificati~ to rivets
and tank bowl bottom.
3) Apply DURASEAL 2040 SEAM SEALANT to all leaking rivet seams after
priming.
4) Apply intermediate and top coat per Contract specifications
5) Extend one-year warranty on this work from date of completion
Price Breakdown
Price for work it..- 1, 2, 4 and 5 $6,890.00 1 LS $6,890.00
Price for work it.. 3 above S2.65 3500 EA S9,275.00
------------------------
Subtotal additional remedial work S16,165.00
============
Sl.Il1Il8ry totals
TotaL credits to base bid (S14,167.00)
Additional repair items . $66,255.46
Additional remedial work S16,165.00
..---...---....--
Subtotal 568,253.46
Less Bid allowance (S50,000.00)
-----------..
Total net add Change Order $18,253.46
============
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # il K - MEETING OF JANUARY 12. 1993
CHANGE ORDER NO, 5/MOLLOY BROTHERS. INC.
DATE: January 8, 1993
This is a change order in the amount of $233,540 to the contract with
Molloy Brothers, Inc. for the installation of storm sewers, utility
upgrades and roadway reconstruction of N.W. 6th Avenue adjacent to the
new Central Fire Station from Atlantic Avenue to N.W. 2nd Street.
This work has been planned as a part of the Northwest Area Drainage
Improvement Project.
Work includes clearing, earthwork, paving, sodding, storm drainage,
concrete sidewalks and driveways, water distribution upgrades and
sewer lateral reconstruction. The change order also extends the
contract completion date to March 5, 1993. This project is being done
by change order in order to expedite construction in conjunction with
the Central Fire Station project.
Recommend approval of Change Order No. 5 in the amount of $233,540 to
the contract with Molloy Brothers, Inc. for the installation of storm
sewers, utility upgrades and roadway reconstruction of N.W. 6th Avenue
from Atlantic to N.W. 2nd Streetj with funding from Decade of
Excellence N.W. Drainage (Account No. 225-3161-541-61.39/$23,148),
Renewal and Replacement - N.W. Drainage (Account No.
442-5178-536-61.39/$86,575) and storm Water Utility - N.W. Drainange
(Account No. 448-5411-538-62.11/$123,817).
,
. Agenda Item No.:
AGENDA REOUEST
Date: December 28, 19~
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: January 12, 1992
Description of item (who, what, where, how much): staff requests City
Commission to approve Change Order #5 to Molloy Brothers, Inc. for NW Drainage
Outfall Project (91-64) . Change Order #5 is for roadway reconstruction of Nw
6th Ave adjacent to the new Central Fire Station from Atlantic Ave to NW 2nd st.
Work includes clearing, earthwork, paving, sodding, storm drainage, concrete
sidewalks and driveways, water distribution upgrades and sewer lateral
reconstruction. Also included is extending the Project completion date to
March 5, 1992. All other work on this project through Change Order #4 has been
completed. change Order #5 is f~ ~et add amount of $233,540.00. Funding
Source is 225-3161-541-61.39 +$1 I, .eO') and 4..n 5l'78-!536 61. " ($86,575.00).-
Aj::i): ~.~2:/JI. ~,~- If'l-Z"S/7S 53'=- bl. 3Ft
lG: J2..3r1BI7 - & 8
ORDINANCE/ SOLUTIO REQUIRED: ygS NO RAFT ATTACHED YE VNO
Recommendation: Staff Recommends approval of Change Order #5. All unit prices
have been verified and where applicable are the same as the original Contract
unit prices.
Department Head M i ~ ~ //1;"'/, '3 !1~
Signature: ~ ""0_ u~.",
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~red on all items involving expenditure of funds):
Funding available: E NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance ~ ,-.-g."L.
City Manager Review: 22S '314/ 5Y-1 pl. 3., N'/)) ,l4.t'N"'7 e :12.3, r+ ~
. 'f'f2- 51'8 5"3', ".S'} fJw7JzA.,rJ~ ~I S7S
Approved for agenda: ~NO N tV DrwNIf2,~ I{~ 00 0
Hold Until: L:(v~'fSo S"ilJ S3~ &.2. /I
Agenda Coordinator Review: .
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen2513.doc
.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 5 PROJECT NO. 91-64 DATE:
PROJECT TITLE: NW Drainage Outfall - NW 2nd St from NW 3rd Ave to E-4 Canal
TO CONTRACTOR: Molloy Brothers, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION: Reconstruct NW 6 th Ave from Atlantic Ave to NW 2nd St. Scope of work
includes clearing and grubbing, earthwork, storm drainage, water distribution upgrades,
/econstruction of sewer laterals, paving, concrete sidewalks and sodding. Work to be
constructed in accordance with unit prices per attached schedule "An at the actual ,
installed measured quantities. Work is to be constructed per new plan sheets by
the City of Delray Beach Engineering Department entitled "NW Area Drainage Improvements -
Phase I-B " dated August '92.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 778,075.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 289,469.69
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,067,544.69
COST OF CONSTRUCTION CHANGES THIS ORDER $ 233,540.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,301,084.69
PER CENT INCREASE THIS CHANGE ORDER 25 %
- -
TOTAL PER CENT INCREASE TO DATE 67 %
-
CONTRACT COMPLETION DATE IS EXTENDED TO MARCH 5, 1992
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
for Molloy Brothers, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department
225-3161-541-61.39 in amount of $146,965.00
442-5178-536-61.79 in amount of $ 86,575.00
FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA by its City Commission
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RECOMMEND: '(/ -'/-'/1' f', I /':/ h ,. By:
L.. --:_ ,f. r .' ",_, ( '-... ' J')"
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Ralph Hayden, City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
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Dec 28, 1992
NORTHWEST AREA DRAINAGE IMPROVEMENTS
PHASE I-B
PROJECT NO. 91-57.1
(CHANGE ORDER #5)
(PROJECT NO. 91-64)
ITEM ESTIMATED UNIT ESTIMATED
No. DESCRIPTION UNIT QUANTITY PRICE TOTAL
1. Mobilize L,S. 1 $2,500,00 $2,500,00
2, Clearing & Grubbing L,S. 1 12,000,00 12,000.00
3. Earthwork L,S. 1 3,000.00 3,000,00
4. 15. RCP L,F, 55 20,00 1,100.00
5. 18. RCP L,F. 480 24.00 11,520.00
6. 18. Slotted RCP L,F, 350 60,00 21,000,00
7. Type 'C' inlet Ea, 5 1,000.00 5,000,00
8, 4' Dia. drainage MH Ea. 3 1,200,00 3,600.00
9. Concrete inlet aprons Ea, 5 200,00 1,000,00
10. Connect proposed pipes Ea. 2 500,00 1,000,00
11. 6. DIP - WM L,F. 15 18.00 270,00
12. 8" DIP - WM L,F. 1,700 22.00 37,400.00
13, 6. Gate valve Ea, 1 400,00 400,00
14. 8" Gate valve Ea. 7 460,00 3,220.00
15. 12. x 8. Wet tap Ea. 1 1,850,00 1,850.00
16, Fire hydrant assembly Ea. 3 2,000,00 6,000,00
17. Connect to 2. WM Ea. 2 3,000,00 6,000.00
18, I. Polyethylene service L,F. 415 15.00 6,225,00
19, 1-1/2" Polyethylene svc L.F, 220 16.00 3,520.00
20. 2. Polyethylene svc L,F, 30 18,00 540,00
21. Sewer lateral reconst. L,F, 375 18,00 6,750,00
22. Cut-in 8. DIP in s,s. L,F. 40 60.00 2,400.00
23, Manhole adjust. Ea. 1 150,00 150,00
24, I. Type S-II1 asphalt overlay TONS 20 36.00 720,00
25, 1/1/2. Type S-II1 asphalt S,Y. 3,800 2.70 10,260.00
26. 8. Limerock base S,Y. 3,940 5,00 19,700.00
27. 12. Stabilized subgrade S,Y, 4,100 2.00 8,200.00
28, 6" Stabilized shoulder r~,Y. 1,570 1.00 1,570.00
29. Construct concrete sidewalk S,F. 12,650 1.40 17,710.00
30. Construct concrete driveway S.y, 735 24.00 17,640,00
31. Striping 4. yellow L,F, 1,400 0.50 700,00
32. Striping 24. white L.F, 70 4,00 280.00
33, Striping 12. white L,F, 250 2,00 500,00
34, Pavement markers Ea, 75 3,00 225.00
35. Sod S,F. 20,500 0.16 3,280.00
36. Traffic control L,S. 1 2,000.00 2,000,00
37, Utility conflict allow. L.S. 1 12,000.00 12,000.00
38. Testing allowance L,S, 1 2,000,00 2,000,00
39. Video recording allowance L.S, 1 300,00 300.00
40, Indemnification L.S, 1 10.00 10,00
TOTAL ENGINEER'S ESTIMATE $233,540,00
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CIty of Defray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date January 8. 1993
(3) Interfundllnterdepartmental Transfer (4) Batch Number 23/ESD
(5) Requested By: Geor~e Abou-Jaoude, Deputy Director of Public Utilities
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-61.78 Water Distribution Impr $ 86.575
442-5178-536-61.39 NW Drainage - 6TH Ave $ 86.575
Water Main
(10) TOTAL $ 86.575 $ 86.575
JUSTIFICATION: Transfer necessar for the costs associated with the re 1acement
of the 2 inch water line with ei h
Avenue from Atlantic Avenue to NW 2nd street. This
concurrent1 with the installation of a new storm sewe
NW 6th Avenue. This ro ect is on the Cit Commission meetin of Januar 12 .1993.
Department Head Asst City Manager
~'1
Bu et Officer L
(11) Budget Revillon Date (12) Control Number
(13) Period (14) Count 9K
ORIGINAI.-Rt InAFT r.ANARV-FIII:: 1'1"'1( _nCD A QTUC,.lT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfM
SUBJECT: AGENDA ITEM # ~~L. - MEETING OF JANUARY 12. 1993
CHANGE ORDER NO. l/S.I. NICHOLAS. INC.
DATE: January 8, 1993
This item is before you to consider a change order in the amount of
$17,351.04 to the contract with S.I. Nicholas, Inc. for miscellaneous
changes to the Fire Station Headquarters Project.
Changes to the contract include:
-Replacing the 800 Amp Main Lug Open panel with a 800 Amp Main
Circuit Breaker panel;
-Installation of conduit from the property line to the building
and from the Detector Check to the alarm panel;
-Changing the power requirement from gas to electric for the
dryer in the decontamination room and adding an additional
phone/computer receptacle in the front lobby;
-Installation of an additional pull box for the Tone-Alert
system;
-Installation of an additional fire hydrant at the corner of
N.W. 5th and Atlantic Avenues; and,
-Changing the thickness of the metal deck from 9/16" to 1".
Detailed information is attached as backup material for this item.
Recommend approval of Change Order No.1 in the amount of $17,351.04
to the contract with S.I. Nicholas, Inc.; with funding from 1992 Bond
Anticipation Note - Fire Station No. 5 (Account No.
227-2311-522-61.56/$12,160.51) and Water and Sewer Renewal and
Replacement - Fire Hydrants (Account No.
442-5178-536-61.77/$5,190.53) .
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Agenda Item No.:
AGENDA REQUEST
Date: December 17, 1992
Request to be placed on:
X Regular Agenda
_____ Special Agenda
Workshop Agenda When: January 12, 1993
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Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #1 to S.I. Nicholas, Inc. on the Fire
station Headquarters Project (91-58). Change Order No. 1 is for miscellaneous
changes for the Project. The Changes to the Contract include replacemant of a
Main Distribution panel in lieu of a Main Lug Open panel per the Building Dept.,
installation of conduits for cable t.v. and for the backflow preventor/tamper
switch wired to the fire alarm panel per the Fire Marshall, miscellaneous
electrical revisions at the request of the Fire Dept., an additional fiber optic
cable pull box for communications per the M.I.S. Dept. , an additional fire
hydrant at the corner of Atlantic Avenue and NW 5th Avenue per the Fire Dept.,
and a change to increase the thickness of the metal deck under the second floor
slab per the architect as a design modification. These changes are itemized and
detailed further on the Change Order attached. Change Order #1 is for a net add
amount of $17,351.04.
~K
Funding Source is ~2311-522-61.56 in the amount of $12,160.51, and
442-5178-536-61.77 in the amount of $5,190.53 (fire hydrant installation).
ORDINANCE/RESOLUTION REQUIRED: YES/@ DRAFT ATTACHED YES@
Recommendation: Staff Recommends approval of Change Order #1.
D~partment Head ~4'~ ~ 1 z, 1.,,1 1'1 Z- wn
S~gnature: ~~~ (
City Attorney ReviewlRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~/NO
Funding alternatives (if applicable) ~
, Account No. & Descr iption z.Z.~ 2.3// S..z. " ff::- ~2. ~ ~'" ~,.." ~ I~ 12.'1'
~ccount Bal~nce ~2. Sf?/! )" b{.)7 J,~ c -I -I Si;73S"~
~ y Manager Rev~ew: ~
Approved for agenda: YE tNO tf~l
Hold Until:
Agenda Coordinator Review: .
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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Currie Architects, Planners
Schneider & Interior Designers
Associates 25 Sea breeze
AlA, PA Delray Beach, FL
33483
407/276-4951,737-2279
December 2, 1992 305/429-1566
Mr. Ralph Hayden
City Engineer
City of Delray Beach
434 So. Swinton Ave.
Delray Beach, FI. 33444
DELRA Y BEACH FIRE HEADQUARTERS
Project No. 90576
Dear Ralph:
Attached please find Change Order #1 for the referenced project. This Change
Order consists of six (6) items which have been reviewed by your staff and have
been approved for submission. Following is a description and justification for each.
1. Proposal request No. 1 is for replacement of a Main Distribution panel
in lieu of a Main Lug Open panel. This was due to an oversight during
the coordination period prior to award of contract. The appropriate
credit was provided for the panel originally bid by the contractor.
2. Proposal request NO.2 reflects a City request that the General
Contractor provide and install two (2) conduits, one for cable t.v. from
the property line to the building and one from the backflow preventor to
the fire alarm panel location. These were never to be part of the G.C.'s
responsibility but to be provided by the City.
3. Proposal request No. 3 was for a variety of revisions made as a
consequence of a meeting with the Fire Department wherein we
reviewed the items which were on emergency generator and additional
power requirements for equipment in the decontamination room
including the change from gas clothes dryer to electric. Also, another
receptacle was added in the lobby with phone and computer connection
in the event that a reception desk was placed in the lobby.
4. Proposal request NO.4 reflects the additional fiber optic cable pull box
requested by the City through Motorola.
5. Proposal request NO.5 is for the additional fire hydrant at the corner of
Atlantic Avenue and 5th Avenue. This also was a City request.
FAX: 407/243-8184
AA COO1334
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Mr. Ralph Hayden
City Engineer
Change Order No. 1
Page 2
6. Proposal request No.6 reflects a change in the thickness of the metal
deck required under the second floor slab. This was caused by a
misunderstanding between the supplier and the Engineer during the
design phase.
As a point of clarification, items reflected in proposal requests 1 and 6 where
changes were made after award of bid, reflect only the added value of the products
received. No charges have been passed on to the City for time spent in correcting
any problems they may have caused.
I have reviewed all the submitted figures and have found them to be reasonable and
therefore recommend that the City Commission approve Change Order number one.
Sincerely,
CURRIE SCHNEIDER ASSOCIATES AlA, PA
cc: V. Majtenyi
doc\576\co#1.576
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. CITY OF DELRAY BEACH t X f/ 1 if I r A
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CHANGE ORDER TO ORIGINAL CONTRACT
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CHANGE NO. II 1 PROJECT NO. 1190576 DATE: November 24.1992
PROJECT TITLE: DELRAY BEACH FIRE DEPARTMENT HEADQUARTERS
TO CONTRACTOR: S.1. NICHOLAS , INC.
. .YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
P.R. 1/ 1 = $3,036.90
P.R. 112 = $1,609.36
P.R. 1/3 = $3,378.24
P.R. 114 = $2,414.04
P.R. 115 = $5,190.53
P.R. 116 = $1,721.97
'* PLEASE SEE ATTACHED BRAKE DOWN SHEETS
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,586,953.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED -n-
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER SI,'iRf.,Q'\1 nn
COST OF CONSTRUCTION CHANGES THIS ORDER S 17,1'\ J n/,
ADJUSTED CONTRACT .AMOUNT INCLUDING THIS CHANGE ORDER SI,f.04.1n4 n/,
PER CENT INCREASE/DECREASE THIS CHANGE ORDER I.' .~ "
TOTAL PER CENT INCREASE/DECREASE TO DATE '.1 .~9" ~ jol,\-~o-'~~
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT r 10 CALENDAR DAYS TO ;:e ~
Date'
CERTIFIED.ST~TEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
C.___ reasonable and in roper ratio to the cost of the original work
fJ.... I contracted for und benefit ompet~ve bidding.
.--~..."\...-
CONTRACTOR SIGNATUR OR ENGINEER)
(SEAL) j
TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
~~~ By its City Commision
; /Zp1/fL
RECOMMEND I By: .
PROJECT MANAGER MAYOR
ATTEST:
APPROVED I By:
CITY ATTORNEY CITY CLERK
.,<lcbTOClKTi-;::. '..
l",~l.............__,.~..-.M1~.'" .
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SCHEDULE "A"
Change Order # 1
Project No. : 91-058
Project Name: Central Fire Station
Item RFQ/ Total Comments
No. Description COR #
------------------------------------------------------------------------------------------------------------------------------
1 Change 800 amp MLO to 800 amp MCB 1 $3,036.90
2 Provide 1" conduits for Cable TV and 2 $1,609.36
for Back Flow Preventor Tamper switch
3 Additional electrical power requirements in 3 $3,378.24
decontamination room, additional phone/computer jack
in lobby. and other misc. power requirements
4 Additional fiber optic pull box for tone alert system 4 $2,414.04
5 Additional fire hydrant at corner of NW 5th Ave & 5 $5,190.53
Atlantic Ave
6 Change 9/16" metal deck thickness to 1" 6 $1,721.97
----------------
Total net add Change Order #1 $17,351.04
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~""I!' S.' I. NICHOLAS, INC.
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I"~ GENERAL CONTRACTORS
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1620 SOUTH FEDERAL Hwv., SUITE 61 1 · POMPANO BEACH, Fl. 33062 . (305) 786.2990 . FAX (305) 783.9256
November 3, 1992
Currie Schneider Associates
25 Seabreeze Ave. .'
Delray Beach, Fl.
Attention : Jose Aguila
RE: Delray Beach Fire Department Headquarters
Dear Jose,
Please find below the cost break down for the extra work required
by proposal request #1 & 2, 3 and 4 and see the back up enclosed
P.R. # .1. Brewer Electric Price 2589.00
P.R. # 2. Brewer Electric Price 1372.00
P.R. # 3. Brewer Electric Price 2880.00
P.R. # 4. Brewer Electric Price 2058.00
Subtotal 8899.00
15% S~I.N. 1334.85
2% Bond 204.68
GRAND TOTAL 10,438.53
I'
We expect. extension of time of ( 10) days starting from the day
., this change order is approved.
",;"",1"'1 n,.....I"'\~; rtnnf-
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- - - - HVAC
- - PLUMBING
- - - -
- ---- U.t~lRICAL
/. -
..... if THOMPSON ENGINEERING CONSUL rANTS
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CURRIE
Oct.ober 13, 1992 ~C~~FlnF.r~ A~j.;\, P"~.
Currie & Schneider Associat.es, P.A. OCT 1 ~j 1992
25 Seabreeze Avenue t . . -""~-'""-"'.
Delray Beach, FL 33483
,.,=----,,---,-,_.j~-- ~
At t.n: Jose Aguila
1'<e: Delray Beach Fire 1'<esque Headquarters
Dear Jose:
Based on our t.elephone conversation t.oday with the electrical
cont.ract.or, panel MDP-2 on the above reierenced proJect. should be
changed to 800A main breaker inst.ead of SOOA M.L.O.
If you have any quest.ions please give our office a call.
Sincerely,
15~r-- ? cJ?b -
--
Brian R. Opitz
Project. Engineer
C_ ~-\ ~ '7.'r . ,..J . , 0/......11;."1,
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25 SEABREEZE AVENUE, SUITE 202 DELAA Y BEACH. FLORIDA 334E
f .. I. ,." ~.. \ ., -,... '"' '" ,..
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:BR.E\V':F.;R :E1LECTl~IC S1:-;L~V:r CES ,. INC.
2430 S.W. 34 T'f--I C01Jl=('T.
FT. I...AU1::>El=\DAT..E ,. FL 33312 ~. .~.
OF-::FI C:fo; (305) 58..'=1-0004
FAX (305) Ei84-4251
October 26.1992 .
S.l. Nichola.s. Inc.
1620 South Federal Hwy.
Suite 611
P~mpano Beach. Florida 33062
~.;. "'~'.
Attention; Mr. Wilfredo Perez
Reference: Delray Beach Fire Department Headquarters
Dear Willy, I
The "following is a response to the Architect.s PROPOSAL REQUEST
No.: 001 dated October 21,1992. which pertains to the replacement
of MDP-2 from a BOOA M.L.O. to a BOOA M.C.B. Main D~striputjon
Pane 1 .
The coat of a BOOA M.L.O Main Distripution Panel is $ 1,145.00.
The Cost of' a SOOA M.C.B Main Distripution Panel is $ 3,265.00.
"' ,
Therelore the additiond! cost to provide a SODA M.C.B Main
Distripution Panel is as follows:
Subtotal: $ 2,140,00
Overhead: $ 214.00
Profit..: $ 235.00
TOTAL AMOUNT: $ 2,589.00
, ~,{fiJ
Please be advised that upon reciept. of. a Chnnge Ol-der in the
TOTAL AMOUNT stipulated above the SODA M.C.B Main Oistripution
Panel will be ordered.
Very truly yours. .
;E'or El~1C Service.. Inc.
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G~eg v. R~ch~l
Vie esi<1ent
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BREWEl.~ Rr :~X::TRI C SEl~VICES , INC.
2430 S.W. 34TH COURT
FT'. LAUDI-I-'{oAJ...E ,. 1:-~ 33312
OFFICE (305) 584--0004-
FAX (305) 584-4251.
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October 28,1992
S.I. Nicholas, Inc.
1620. South Federal Hwy.
Suite 611
Pomoaho Beach, Florida 33062
.
Attention: Mr. Wilfredo Perez
Reference: Delray Beach. Fire Department Heddquarters
Dear Willy.
The following is a response to the Architect's PROPOSAL REQUEST
No.: 002 dated October 21,1992. which pertains to 2 additional
1" Conduits, 1 - for CATV and 1 - for the Flow & Tamper Switch.
Below please find a list ot the Material and Labor required
in order tor us to provide and imJtall 2 - I" Conduits:
1" PVC Condl.li t 440 ft. $ 94.00
111 PVC 90 Ells 4 2.00
1" PVC Couplings 8 2.00
1" PVC Female Adptor 2 1. 00
111 EMT Conduit 30 ft. 13.00
1" EMT Connectors 4 2.00
1" EMT.Couplings 4' 2.00
1" EMT Supports 9 5.00
Labor to Trenach & backf~l 25.20 hrs 630.00
. Labor to Install PVC Con uit 8 . 12 ors. . . 203.00
Labor to.install EMT Conduit 7.20 hrs. 180.00
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Subtotal: $ 1,134.00
Overhead: $ 113.00
p~.O fit. .: $ .125.00
TOTAL AMOUNT: $ 1,372.00
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October 26.1992
5.1. Nicholas, Inc.
Delray Beach Fire Department Headquarters
Page 2
Please be advised that upon reciept of a Change Order in the
TOTAL AMOUNT stipulated on page 1 the 2 - 1" PVC Conduits
will be installed.
Very truly yours.
Inc.
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2430 S.W. 34TH COURT
F'T. LAUDEL-illALE" l'-'"":L 33312
OFF~CE (30~) 584-0004
FAX (305) 5e4-425~
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Novenber 03.1992 I
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5.1. Nichol~s, Inc. :
1620 South Federdl Hwy.
Suite 611 i
Pompano Beach. Florida 33062
Attention: Mr. Wilfr~do Perez
Reference: Delr~y Beach Fire Department Headqua~ter9
,
Dear Willy. '
The following is a ~esponse to the Architect's PROPOSAL REQUEST
No.: 003 dated October 23.1992. Please refer to Revision No.7
d~ted October 21,1992.
!
Below please find a list of the Material and Labor required
in order for us to C?mply with the requirements of Revision No.7:
i
3/4" Flexable Conduit 6 ft. $ 2.00
3/4" Flex Terminat ions 2 2.00
3Pole 30A WP Disconnect 1 62.00
TR25R 250V Fuses: 3 8.00
46 Ground Lug: 1 1 . 00
*12 CU Stranded Wi ~e: 6,350 ft. 403.00
lPole 20ABolt~In Breakers 4 45.00
4" Square Junction Boxes 6 6.00
4" . Square Blank Covers 4 2.00
l-Gang 2" Raised Mud!R1ng '2 4.00
3/4" EMT Conduit. 250 ft. 65.00
1/4".x3" Toggle Bolts 100 30.00
1/4/1 X 1 1/4/1 Fender! Washers 100 7.00
3/4" Caddy Conduit Clip 100 76.00
3/411 EMT Coupl ings ; 35 8.00
3/4" EMT Connectors ; 20 5.00
3/411 EMT Supports I 30 14.00
2Pole 30A Bolt-InBr~akerg 1 25.00
3/411 PVC Corldui t: 220 ft. 34.00
3/4" pve Coupl ings 4 1.00
3/4" PVC Female Adptors 2 1.00
3/4" pve' 90 Ells .. 2 1. 00
CONTINUED. . .
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November 03,1992 i
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S. I;. Nicholas, I
Inc. ;
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Oelray Beach Fir~ Department Headquarters
Attention: Mr. Wilfr~do Perez
Page 2 j
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I" PVC Conduit 300 ft. $ 62.00
1" PVC 90 Ells I 1.5 8.00
1" PVC Couplings i 18 4.00
I
1" PVC Female Adptors 10 3.00
PVC Cement :. 2 qts. 12.00
3/4" Steel LockNuts 12 2.00
1" Plastic Eushings ; 6 3.00
30A 250V Receptacle , 1 3.00
30A Receptacle Cover! 1 2.00
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4" Square Deep Junction Box 1 2.00
6" Ty-Wraps I 6 1.00
Yellow Wire Nuts I 30 2.00
Red Wjre Nuts 1 25 3.00
Green Ground Screws ; 6 1.00
20A 125V Single Receptacle 1 3.00
Single Receptacle Plate 55 1 3.00
*12 Crimp-On Fork Terminals 6 1.00
Labor to Hand Trench&Backfill 14.40 hrs. 360.00
Ldbor to Install PVC: Conduit 7.20 hrs. 180.00
Labor to Install EMTI Conduit 10.80 hrs. 270.00
Labor to Pull Wire : 5.40 hrs. 135.00
Labor to Terminate Wire at Panel 3.60 hrs. 90.00
Labor to Field Terminate Devices 12.60 hrs. 315.00
Misc. L~bor I 4.52 hrs. 113.00
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. Subtota I : $ 2.380.00!
Overhead: $ 238,001
Profit..: $ 262.00;
TOTAL AMOUNT: $ 2,aap.00
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Ple~se be advised th~t upon reciept of a Chango Order in the
TOTAL AMOUNT stipula~ed on page 2 of this proposal the additional
work described in Revision No. 7 dated October 21,1992 will be
initiated. Ple~se n6te that the new eODA M,C.B. MDP-2 panel is
not p~rt of thi5 propo5al. re!er to PROPOSAL REQUEST No. 001
d~ted October 21,199~.
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EREWEl~ FT .'P~c-rr.:<:t C Sl~:I~VIC:f:-:S ,. INC.
24:30 s.w_ 34'l ,.,'! COUl~'r
I-."r . . LAUDF~.:tt)AI .E ,. :F'X... 333~2
OF"'"F':I: CE (30.5) 584-0004
:E-""AX (305) 584-'4251
October 27.1992 "
5.10 N:i.cholas. Inc. :
1620 South Federal Hwy.
Suite 611
Pompano Beach. Florida 33062 ,
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Attention: Mr. W1ltredo Perez
Reference: D~lroy Be~ch Fire Department HeQdqu~rtcrs
Dear Wi lly,
The followin~ is Q response to the Architect's PROPOSAL REQUEST
No.: 004 dated October 26.1992. which pertains to an additional
concrete pull box tor the Fiber Optic Cables.
Below please find a list of the Material and Labor required
in order tor us to provide and install 1 Concrete Pull Box:
41x 41x 4' Concrete Pull Box 1 $ 1, 281. 00
4" PVC Couplings 2 4,00
4" PVC Bell End:s 2 6.00
Filter Fabric & Gravel , 1 50.00
Labor to Dig & backfill 7..20 hrs. 180,00
Labor to set Concrete Pull Box 7.20 hrs 180.00
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Subtotal: $ 1.701.00
Overhead: $ .170.00
Profit..: $, 187.00
TOTAL AMOUNT: $ 2,O~8.00
Please be advised that upon r~ciept of a Change Order in tho
TOTAL AMOUNT stipUlated above the 4'x 4'): 4' Concl'oete Pull
Box w111 . be ol~dered. Please be jnformed tha t ttIOl"O i:3 Q 6 to 8
week lead time for delivery.
Very truly yours,
Brewer Inc.
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STEEL COVER
. (NON-TR~FFIC) "
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JUNCTION BOX
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f:~~ S. I. NICHOLAS, INC.
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ii:J' GENERAL CONTRACTORS
,. 1620 SOUTH FEDERAL Hwv.. SUITE 611 . POMPANO BEACH. FL 33062 . (305) 786-2990 . FAX (305) 783-9256
Currie Schneider Associates
5 Seabreeze Ave.
Delray Beach, Fl. 33483
Attention . Jose Aguila
.
RE: Delray Beach Fire Department Headquarters
Dear Jose,
The following cost break dowas are for additional work required
by the owner or by changes in the original scope of work.
P.R. # 5. ADDITIONAL FIRE HYDRANT
MANNO & SONS Price 4425.00
P.R. # 6. 9/16" METAL DECK
Change to 1" METAL DECK
VAN LINDA IRON WORKS Price 1468.00
Subtotal 5893.00
15% S.l.N. 883.95
2% Bond 135.54
GRAND TOTAL 6,912.49
We expect extension of time of ( 5 ) days starting from the day
this change order is approved.
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fVlANNO & 50.'.5 0; X .....SC_
Sa r\i ta I''Y S1(H"~ I"lvJa to r' By;;; t('HTl',:i/ n f>,drv:(t;j€? Hyti '~em~.
945- Sc:>\...1,. t h ,^,~'$ t 8th Str-e~-t;
,PC>tnpanC) BE'a.,cl. ? F- J., or~ i... cia 33069
.
(305 ) 781-32'17
(305) 781-3247 FAX
Novt:!mbar 12, 1992
EXTR.A WOR.K OR.DER.
Submitted to: Project N~mQI
8~I. NICHOLAS, INC. DELRAY BEACH FIRE HEADQUARTERS'
JOB NO~ 905/'6
12 X 6 T.S.V. !Ii 3,000.00
10' X 611 D I.P. eL 51 225.00
FIR.~ HYDRANT 1,200.00
REPLACEMENT OF BRICK SIDEWALK
$ 4,425.00
MANNO 8t SONS, INC APPROVED AND AGREED TO:
Date: Date:
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. .~.u.:'t.11/~. PRODi>05Alt PROPOSAL NO. (fJCfz4 -r;. 91
~\
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~ I"? L:<#!- ~L
\7k]J FROM ~'l'" Lt~/. 1711
. VAN LINDA IRON WORKS, INC. 0..0 . .:tf::.;:L
3787 BOUTWELL ROAD. LAKE WORTH. FLORIDA 33<461
PHONE (305) 566-MOO
. PHONE: DATE.
PROPOSAL SUBMITTED TO: . J,., 30 ~ - Z 7 q - q7 00
_ JO~^ME: ,......-.
Ho LA- $ ^' c..-- ../..2fGL . 1-7 ~
STREH, . " .. .... .6' STAH!F.L-.
CITY, STAff, ZIP,
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ATlENfIONM. I ~.~.' ~ ..J~ - /
.tJtN~~ ,-.:./~ L-' /-;4y..-n-@... J~ - 3C7~ -- '"?77-tjo70
fiENTI.EMEN I
.tle propose to furni:;h material' and labor to fabricate the foilowinr. work.
/J -s ~t1--L- /f-k,tI. ~ 10 me-. tJ/~~~o ~~Z .5.T..N,
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-;;, -:r~:SIf--',I II J<!.. 2.t- Gj.4 (/.0 C- 2.&: <71) ~
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. .., .' .,..... (flO ' IndlcntcD items to t'e o.lr.llV'"ered only I'.O.B. .Iobal till
(x _ Indicatcr. itcms '.0 l'e delivered and erectcd in place)
;;':i:-~/ -:t>,4V/2:, ?~504 ~
f.O.'. IlUM$ FlIV"UY ~RorOS"l "CCt""NCE
UQIlIRtD WIIIIIH DA YS
If accepted by you, it is undemood that all terms of this proposal, includin!J those printed on lhe reverse side of this sheet. are agreed
to and accepted by you, and such acceptance constitutes a bindin!J contrilct.
V Att.. L1NR)~RON WO.RKS DAlE "ccmEn
b "r COMPAtIY
tV ..JZA.-J .r, . IV
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q 1'1 - MEETING OF JANUARY 12. 1993
CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/MAN CON.
.I..NQ.....
DATE: January 8, 1993
This is a change order in the amount of $54/992.63 for final
pluslminus as-built quantity adjustments to the contract for the
Former Enclaves (Germantown and Lake Ida Road) Water and Sewer
Improvements Project.
Generally, there is a contingency overage bid in the contract for
individual line-item quantities which results in a net deduct after
final measured quantities are calculated. However, for this project,
that 10% overage contingency was not included in the construction
contract. Overruns on this project occurred in the line items for
water and sewer services, as main extensions were required in isolated
pocket areas within the enclaves which were not included in the
original design plans. Had there been a 10% overage contingency
built into the contract these additional items could have been
absorbed. The final contract amount represents a 5.5% increase over
the original contract amount.
Additionally, we have received a request for final payment from Man
Coni Inc. in the amount of $96,993.66. Staff has reviewed this
project and found it to be satisfactorily complete.
Recommend approval of Change Order No. 2 in the amount of $54,992.63
and the request for final payment in the amount of $96,993.66 from Man
Con, Inc. ; with funding from 1991 Water and Sewer Revenue Bond -
Enclave WaterlSanitary Sewer Phase I (Account No. 447-5167-536-60.31).
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Agenda Item No.:
AGENDA REOUEST
Date: December 28, 1992
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: January 12, 199J
Description of item (who, what, where, how much): Staff requests city
commission to approve final closeout Change Order #2 (final) to Man Con, Inc.
for Water and Sewer Service to the Former Enclaves in the Germantown and Lake Ida
Areas (91-25). Change Order #2 is for final plus/minus as-built quantity
adjustments to the unit price Contract and miscellaneous changes. Change Order
# 3 is for a net add amount of $54,992.63. Funding Source is
447-5167-536-60.31. Request is also made for Final Payment to the Contractor of
$ 96,993.66.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHE~NO
Recommendation: Staff Recommends approval of Change Order #2 Final
and final payment be made to the Contractor.
Department Head ~~ea-~- ,y} ~!f:3 ~
Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~red on all items involving expenditure of funds):
Funding available: YE NO ? fA) {f ~ f 'rJS~ ~rv~
Funding alternatives (i app icab~
!' Account No. & Description Lfl-7 S/l:,.7 S5" 6o.3/-~/'IcJt:JC.;f/G. vJ/s.. PtfI
~ Cccount Balance II 111; 3.? S- . ,
City Manager Review: !rM
Approved for agenda:~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen252.doc
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Memorandum
Date: January 5, 1993
To: David T Harden, City Manager
Thru: William H Greenwood, Director of Environmental services ~
Ralph Hayden, city Enginee~
From: Howard Wight, Construction Mana~
Re: Water and Sewer Enclaves (N Fed ral, Lake Ida and
Germantown)
Agenda justification
The two agenda items for Gateway Construction (N Federal
Enclaves) and Mancon, Inc. (Lake Ida and Germantown Enclaves) are
for Contract closeout Change Orders. These Change Orders are for
final as-built field measured quantities at the Contract unit
Prices per the Contract. Typically there is a contingency
overage bid in the Contract for individual line-item quantities
which results in a net deduct after final measured quantities are
calculated. For these Projects our consultant (CH2MHill)
estimated and included a 10% overage contingency in their
Contract Quantities (see attached 6/7 letter).
The closeout Change Orders for these particular Projects confirm
that their was not a 10% contingency in the Contract. Because of
this fact we have net adds for these Change Orders. Primarily,
the overruns occur in the line items for water and sewer services
which were field located during construction and estimated during
design. Overruns also occurred for additional water and sewer
main extensions required in isolated "pocket" areas within the
enclave areas and not included in the original Contract. The
fact that the Project is in an existing neighborhood and we
provided water/sewer service to each individual property within
the neighborhood created inherent variables during construction
which accounted for most of these overruns.
Had there been a 10% overage contingency built-in to the Contract
these additional items could have been absorbed and a net deduct
closeout Change Order result. The overruns were realized after
the as-built quantities were accounted for and totaled at Project
completion.
,
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The final Contract amount represents the actual quantities of
each line item installed and field measured by the Engineer and
the city. As it is a Unit Price Contract the City is getting
"value received" for these installed facilities at the Contract
unit Price. For both contracts the Final Contract amount of
$2,957,712.88 represents a 5.5% increase over the original
Contract amount of $2,803,211.20.
File: 91-25D and 91-25.1D
Memos to City Manager
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CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 (FINAL) PROJECT NO. 91-25 DATE: November 23. 1992
PROJECT TITLE: Water and Sewer Service to the Former Enclaves
TO CONTRACTOR: Man-Con. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS
FOR THIS PROJECT AND TO.PERFORM THE WORK ACCORDINGLY. SUBJECT TO ALL CONTRACT
STIPULATIONS AND COVENANTS.
JUSTIFICATION:
See Attached List.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1.564.306.20
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 24,800.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 1 .589.106.20
COST OF CONSTRUCTION CHANGES THIS ORDER 54.992.63
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 1.644.~98.83
PERCENT INCREASE/DECREASE THIS CHANGE ORDER 3.5% 0 RAs
TOTAL PERCENT INCREASE/DECREASE TO DATE 5.1%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT.JL CALENDAR DAYS TO AUQust 31. 1992
I hereby certify that the supportIng cost data Included Is. In my
considered opinion. accurate; that the prices quoted are fair and
reasonable and In proper ratio to the cost of the original work
~acted far under benefil competnlve bidding.
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CO !RACTOR SIGNATURE CONSULTING ARCHITECT OR ENGINEER
(SEAL)
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TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH. Fl
By Its City Commission
RECOMMENDED: By:
PROJECT MANAGER MAYOR
A lTEST:
APPROVED: By:
CITY AlTORNEY CITY CLERK
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JRN-08-'93 FRI 13:22 ID:DELRRY ENU. SERUICES TEL NO:407-243-7060 l:*06~ P02
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City of Delroy Beach .
Atfachment to Change Order No.2
Quotation I DeSoriotlon Amount
Field Measured ~-B\JlIt Quantities {$lOA21.45
~ 16.1( 10. tapping sleeve and valve (1) S6.885.OO
9 16. Ie 8' toPOlna sleeves ond v(llves (2 @ 85,135.oo/ea.) 810.270.00
(1) 6 'Delete iack .nd bore of 5orvices-add open cut of &erViC06 [68 @ 125.00 88.500.00
1 ModlN MH toos-;J3/4' ti0its'('52@ $50.oo/eo.) 82.6(X).00
8 Long Double SeMees Germantown Rood (2 0 Sl.175,00/ea.) 82.3!lO.(Xl
8 Long SIngle SeMess Germantown Rood (3 0 $1,175.00/80.) U.52$.00
8 Short Single servICes Germanfown Rood (2 0 $725,00/eo.) $' ASO.oo
8 Long Doubl. seMoes Obde Blvd (3 0 $350.00/80.) $1.050.00
8 Short Doubl. servloes OIXle alVd (4 0 S3OCI.OO/ea.) $' .200.00
11 I C-900 laterals to CtO$$ Ge/Tl"lontown Rood (400 It 0 S6.00/1f) $2AOO.OO
FOil Remove 2 lectlof'll of e10e alrecidV~lnst(llled on Roval Palm Drive t1.\.43.80
7 Delet. Meter BC>>t assembllel (24 0 $11.70/ea.) (8280.80,
F01~A Relocate Hydront on laka Shore Drive $1.100.00
C~. 222 If . $14.oo/lf 13,108.00
Sidewalk - 1375 sf 0 $3.00/" $4.125.00
16 8. lC 8' tooolna sl..ve and valve (1) $2.250.00
(2) Delete MH tor Private Roods $1.138.50
(3) Delete aravltv IIn,s W1aalns Lane and Plo:ib..9.L!iA 110.cm.oo
Restock 4. water main os 0 re$l.M ot chanoe In Dice size at olovhOUse 8520.28
F022 Credit l'x 3/4' curt;l..l!E!eli200 0 $15.oo/eo.) C$3'oco.00
COl Additional Slgnoge tor N.W. 7th Avenue $862.50
Additional PovIng 'or N,W. 7th Avenue:
320 W Aspholt . 83.00/IV $960.00
238 IY LlmeroclC 0 85.40/SV S 1.285.20
82 ay lImerock 0 S 1.80/IY $147.60
Survev S 130.00 $130.00
Sodding forN.W. 121h Street at N.W. 41hAvenuel
10,CID Sf . SO,171$1 $1.700.00
Talal $$C,9PUS
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(1) Ite.6 I. IctualLy I two-IteM change resulting frOM Itlmlnltlng the ~J.ck and BoreN
r.qulr.~ent (Ite_ 16) and changing to "opln cut" of plvement for utlttty crolllng..
changl WI. .Ide becaus. contractor proposed overlay of entIre road ..ctlon In tleu of
trench only redoratlon. 1 teRl 16 deduc t Is In "field m..eured ..-buttt quantity..
abovl.
(2) Thre. prtvlte rOldl were el iminated fro'" the .cope of work In the Like Idl arel.
Thl Ili_Inltlon waa necelllry beeauae ea.lmenta for the work coutd not be obtained
f rOll the property owner.. The $1,138.50 Is the amount of the prec..t .t ructurea
8ptclflcally mad. for these area. and that were purchased and atored on-,'tt by tha
contrlctor.
.
(3) For ",aln lInl piping for the prt vaU roada above contractor lIIade a c:tallll of
"5,664.50 for toat labor and equipment lo.. due to elimination of thl gravity ..w.r
Illa'n.. The etaf.. 18 baud on the preml.. that thl.' were tha Ihat lowlat 1II0U
productive lInea to tnatall (0' - 6' ~epth). They needed a portion of thl tabor and
Iqulpment unit prl CI coat for Insta~Llnll these lines to hetp dlfray coU Inc:urred
fnltaltfng dleper .egNantl (12' . 141 depth). Thl project wa. bfd .. one unit prle.
for aU depth. of pipe and then all cuts wIre averaged. By IlllIl nat I ng the
.hallow..t cut they did not Behlevl thla Iverege end thuI dId not recov.r atl of thl
I..oelated llbor and equfp~ent costs. Aa result of negotfatlons wIth the CIty and
entlneer the amount wa. reduced from $15,664.50 down to "0,000.00.
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JAN-08-'9] FRI 13:23 ID:DELRAY ENLJ. SERLJICES TEL NO:407-24]-7060 _._ ~QI2..l2;1. P03__
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INCORPORA TED
P'V
ENGINeE~ING CONTRACTORS
1 1 S2 N.e. ~e'th S'Cl"'s.t . (306) 7eS-Se06 I
" ~ompal"lO Beach. Flol"'ide 33064 Fax: (30!!) 7a3-e62~ I
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June 26, 1992
Mr. Brian A. Shields, P.E.
CH2M Hill Itnn f2 fiO'01rDlWl
800 Fairway Drive, Suite 350 LrULbLS UDUUU'U
O..rti~ld Beach, rL 33441 ~
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RoE: Water & Sewer Service To Formet' ~nclav@
Areas of Lake Ida , G.cmant~wn
Schedules A , C
Contract Adju$tment Due to
DR1~.$8d Work
We ace not in agreement with your lnt"rpret:ar.ion of the
supplementary condit1on "Change ot Contract Price". It is OUL
! opinion that tor the Ins jor i ty of l:h" lIn.!. t pJ~ice i. tems wi thin 1I);:l
contract th1a would hold true, but riUA to the lack of cut ranyetl
for the gravity sewer, this partil~I.J.l?lf 3upplementary c.onditicll1 is
not applicablt).
For e~ampl., if the eity had elected to ~dd or dalete water main,
fire hydrants, service" etc., wher~ the installation is typical,
this particular supplementary condition would apply. However,
thA installation of the gravity SQW~t i~ not typical and the unit
pr1ce reflect5 an aVerage cost of the entire sy~tem. These
,average cost. (unit prices) are calculated based on a number of
variables including, but not limll~d to top of ground elevation,
t"eatorat1on requirements1 depth of cut, groundwater elevatJon,
proximity of existing utilities, trat'fic control, 4ftc.
If the city had deleted an equal arnount of ~lmllar .!Shallow artd
deep cut rangel, we ilgree that we would not be ontitlecl to Qxtr'.-1.
But du. to circumstances out of tl)0 cityfs control, uncooperative
home owner8 not grantinq ea~ements, only shallow lines, some wiLh
very minimal restoration, were deleted. As a result, our average
, cost per foot 'of the gravity line installation increased. See
letter dated June 10, 1990.
-_. , ~... JAN-08-'93 FRI 13:24 ID:DELRAY ENV. SERVICES TEL NO:407-243-7060 1:*060 P04
1
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Pa98 two
In consideration of the above and in Cairne~~ to our firm ba~0d
on our interpretation ~t the contrac:r document, we feel that thp.
city ~hould take th~ necess~ry ~tep~ to incorporate the
$15,664.50 into '=1ur t:'!ot1trr::tct vi.;,; r.11"tnqe t)rdl!r.
Sincerely,
MAN CON, INC.
~ Q .~-----
John O. tloEfman, 'P.E.
Project Engineer
cc: Mr. Howard Wight, City of Dp,l~~y Beach
Job 81 File
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1..:"U:lJI. PA YM ENT APPLlCA TION AND CE RTf FICA TE DATE: November 25, 1992
PAYMENT ESTIMATE FIVE (FINAL) SHEET -1- OF -L
PERIOD FROM 7-31 TO 11-25 19~
PROJECT: Water & Se~ Service To Enclave Areas PROJECT NO. 91-25
CONTRACTOR: Man Con, Inc. CH2M Hill No.
DELRAY BEACH.P.O. NO. 506145 SEF30787.DO.01
,. ORIGINAL CONTRACT SUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., $ 1,564,306.20
2. CONTRACT MODIFICATIONS APPROVED IN PREVIOUS APPLICATIONS:
ADDITIONS $ 24,800.00 DEDUCTIONS $ 0
3. CONTRACT MODIFICATIONS APPROVED THIS PERIOD (LIST CONTRACT MODIFICATION NOS.) 1,2 )
ADDITIONS $ 54 , 992 . 63 DEDUCTIONS $
4. NET CHANGE BY CONTRACT MODIFICATIONS (Sum of Lines 2 & 31 . . . . . . . . . . . . . . . . ., $ 79,792.63
5. REVISED CONTRACT AMOUNT: (Sum of LInes 1 &4) ............................ $ 1.644,098..83
6. TOTAL VALUe OF WORK TO DATE (Attached Payment Breakdownl $ 1.644 ,098.83
7. PERCENT PROJECT COMPLETE: (Lfn.G+5 x 100) 100 _ %.
8. MATERIALS ON HAND (Listing Attachedl........................$ 0
9. PARTIAL PAYMENT UNDELIVERED EQUIPMENT (Listing Attachedl $ 0
10. SUBTOTAL (Sum of Line. 5, St 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 1. 644. 098~;3
". LESS AMOUNT RETAINED ( -L %) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., $_._.. .._.... 0
- .
12. TOTAL AMOUNT RETAINED TO DATE .................................... $ .--Q .-
13. APPROVED RETAINAGE REDUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., $ 0
14. SUBTOTAL (Line 10 . Line 1\) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 1. 644 .Q9.~Jl3
15. LESS PREVIOUS CERTIFICATES FOR PAYMENT litem 14 from Previous Application) $ 1. 547 , 105 .17
16. CURRENT PAYMENT DUE: (Difference between Lines 14 & 151 $ 96,993.66
.
The undersigned Contractor certifies that the ork covered by this application for Payment has been
completed in accordance with the Contract cuments, that all amounts have been paid by him for
Work for which previous Certificates f yments were issued and payments received from the
Owner, and that the current payment sh wn h rein i n w e.
MAN CON, INC. 11-25-92
CONTRACTOR DATE
I HEREBY ACKNOWLEDGE THAT THE MATERIAL AND LABOR INVOLVED ON THE ABOVE ESTIMATE ARE CORRF.CT
AND PAYMENT ON SAME IS DUE CONTRACTOR.
.-(J.(v?t~ / If 3~1 C,L
CH2M HILL, INC. DATE
I
(3.11 REV \/87 FORM 271:1
,
. . .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERlnvl
SUBJECT: AGENDA ITEM # Cf:f'I. - MEETING OF JANUARY 12. 1993
CHANGE ORDER NO. 3 AND REOUEST FOR FINAL PAYMENT/GATEWAY
CONSTRUCTION COMPANY. INC.
DATE: January 8f 1993
This is a change order in the amount of $59,382.17 for final
pluslminus as-built quantity adjustments and which extends the
contract completion date by 48 calendar days for the Former Enclaves
(N. Federal Highway) Water and Sewer Improvements Project.
Generally, there is a contingency overage bid in the contract for
individual line-item quantities which results in a net deduct after
final measured quantities are calculated. However, for this project,
that 10% overage contingency was not included in the construction
contract. Overruns on this project occurred in the line items for
water and sewer services, as main extensions were required in isolated
pocket areas within the enclaves which were not included in the
original design. Had there been a 10% overage contingency built into
the contract these additional items could have been absorbed. The
final contract amount represents a 5.5% increase over the original
contract amount.
Additionally, we have received a request for final payment from
Gateway Construction Company, Inc. in the amount of $122,093.76.
Staff has reviewed this project and found it to be satisfactorily
complete.
Recommend approval of Change Order No. 3 in the amount of $59,382.17
and the request for final payment in the amount of $122,093.76 from
Gateway Construction Company, Inc. ; with funding from 1991 Water and
Sewer Revenue Bond - Enclave WaterlSanitary Sewer Phase I (Account No.
447-5167-536-60.31).
"
Agenda Item No.:
AGENDA REOUEST
Date: December 28, 1992
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: January 12, 199J
Description of item (who, what, where, how much): Staff requests City
Commission to approve final closeout Change Order #3 (final) to Gateway
Construction Company, Inc. for Water and Sewer Service to the Former Enclaves in
the North Federal Highway Area (91-25.1). Change Order #3 is for (final
plus/minus as-built quantity adjustments to the unit price Contract and
miscellaneous changes. Change Order #3 is for a net add amount of $59,382.17.
Also included is an additional 48 calendar days to the Contract time for
additional quantities of work added to ~he Contract (see attached 12/2/92 letter
from CH2MHill). Funding Source is 447-5167-536-60.31. Request is also made for
Final Payment to the Contractor of $ 122,093.76.
ORDINANCE/RESOLUTION REQUIRED: YES@DRAFT ATTACHED @NO
Recommendation: Staff Recommends approval of Change Order #3 Final
and final payment be made to the Contractor.
Department Head ~~~p----- ~... J-/J t4/r 3 II~
Signature: Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~NO ~/ wtf ~p (NS,1lL. f:.",o-
Funding alternatives (if app ica le)
. Account No. & Description 't!-?: ~h ?~~:,~~'~~~ ~Is PH r
v-p <..-Account Balance $/ J/ ~ '/ ~ ~
City Manager Review:
Approved for agenda, CJp INO C7A/j
Hold Until: i
!
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen2513.doc
,',
, . ' .
Memorandum
Date: January 5, 1993
To: David T Harden, City Manager
Thru: William H Greenwood, Director of Environmental services ~
Ralph Hayden, City Enginee~
From: Howard Wight, Construction Mana~
Re: Water and Sewer Enclaves (N Fed ral, Lake Ida and
Germantown)
Agenda justification
The two agenda items for Gateway Construction (N Federal.
Enclaves) and Mancon, Inc. (Lake Ida and Germantown Enclaves) are
for Contract closeout Change Orders. These Change Orders are for
final as-built field measured quantities at the Contract unit
Prices per the Contract. Typically there is a contingency
overage bid in the Contract for individual line-item quantities
which results in a net deduct after final measured quantities are
calculated. For these Projects our consultant (CH2MHill)
estimated and included a 10% overage contingency in their
Contract Quantities (see attached 6/7 letter).
The closeout Change Orders for these particular Projects confirm
that their was not a 10% contingency in the Contract. Because of
this fact we have net adds for these Change Orders. Primarily,
the overruns occur in the line items for water and sewer services
which were field located during construction and estimated during
design. Overruns also occurred for additional water and sewer
main extensions required in isolated "pocket" areas within the
enclave areas and not included in the original Contract. The
fact that the Project is in an existing neighborhood and we
provided waterlsewer service to each individual property within
the neighborhood created inherent variables during construction
which accounted for most of these overruns.
Had there been a 10% overage contingency built-in to the Contract
these additional items could have been absorbed and a net deduct
closeout Change Order result. The overruns were realized after
the as-built quantities were accounted for and totaled at Project
completion.
..
. .
.
The final Contract amount represents the actual quantities of
each line item installed and field measured by the Engineer and
the city. As it is a unit Price Contract the City is getting
"value received" for these installed facilities at the Contract
Unit Price. For both contracts the Final Contract amount of
$2,957,712.88 represents a 5.5% increase over the Original
Contract amount of $2,803,211.20.
File: 91-25D and 91-25.1D
Memos to City Manager
.,
. .
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.
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0_ Engineers
- Planners
~ Economists
- Scientists
rT'\
......
June 7, 1991 U) :;:
- 55
SEF30787.DO :;0 c- o
rn c: ~
:z: -r
-...
Mr. Mark A. Gabriel, P.E. 0 I fTl
:r.
Assistant Director of Environmental rn -..1 -\
Services/City Engineer ..,.,.,... ,.. )">
0<."'. "
City of Delray Beach ::x ,,.,
rn -€' rn
434 S. Swinton Avenue :::0
Delray Beach, FL 33444 0 N :S
N ,c':
P1
Dear Mr. Gabriel: <f.!
Subject: Provision of Water and Sewer Service to the Former Enclave Areas,
Service Authorization No.4
We are enclosing a copy of our opinion of construction cost for the referenced .I
project. As requested, we have further broken down the cost into each of the three
enclave areas. Our current opinion of construction cost, based on the documents
which have been reviewed by the City,. is $3~808;440~i We recommend and have in-
cluded a contingency of 10 percent, which results in a modified tot511 of:.$4t189t7~2~
Further, we have investigated the potential savings to be realized by substituting
Class 50 DIP or A WW A C-900 PVC for the City standard water main of Class 52
DIP. Our opinion is that the total cost could be reduced by $125,000 for substituting
Class 50 DIP and by $300,000 for substituting A WW A C-900 PVC.
This opinion of construction cost can be considered between a "budget estimate" and
a "definitive estimate", as defined by the American Association of Cost Engineers.
The City's actual project costs may vary from this opinion depending on actual labor
and material costs, competitive market conditions, final project scope, implementation
schedule, and other variable factors.
Please call if you have any qu~stions.
Sincerely,
CH2M HILL ' ,
~-a~ ,
Brian A. Shields, P.E.
Project Manager
dbt099/066.51
Enclosure
cc: William Greenwood/City of Delray Beach
John Curtiss/CH2M HILLIDFB
CH2M HILL Southeast Florida Office HII/sboro Executive Center North 800 Fairway Drive, Suite 350 305.426.4008
Deertleld Beoch, Florida 33441 407.737.6665
., '
.
.
CI1Y OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 (FINAL> PROJECT NO. 91-25 DATE: November 30, 1992
PROJECT TillE: Water and Sewer Service to the Former Enclaves
TO CONTRACTOR: Gateway Construction Company
YOU ARE HEREBY REQUESTED TO MAKE THE FOllOWING CHANGES IN THE PLANS AND SPECIFICATIONS
FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO All CONTRACT
STIPULATIONS AND COVENANTS.
JUSTIFICATION:
See Attached Ust.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,238.905.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 15,326.88
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 1.254.231.88
COST OF CONSTRUCTION CHANGES THIS ORDER 59,382.17
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 1,313,614.05
PERCENT INCREASE/DECREASE THIS CHANGE ORDER 4.7%
TOTAL PERCENT INCREASE/DECREASE TO DATE 6.0%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 48 CALENDAR DAYS TO November 4,1992
CERTIFYING STATEMENT: I hereby certify that the supporting cost data Included Is. In my
considered opinion, accl..lrate; that the prices quoted are fair and
reasonable and In proper ratio to the cost of the original work
~ contracted for under benefit competitive blddln~.. ~.'
.~6. -(J.r~ ~~~
"^,,ONTRACTOR SIGNATURE CONSULTING ARCHITECT OR ENGINEER
(SEAl.)
t._ _, ..
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH. FL
By Its City Commission
RECOMMENDED: By:
PROJECT MANAGER MAYOR
AlTEST:
APPROVED: By:
CllY AlTORNEY CllY CLERK
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~G CONSTRUCTION
COMPANY
~ovember 3, 1992
Mr. Brian Shields, P.E.
CH2M Hill
800 Fairway Drive, Suite 350
DeerfieldBeach, FL 33441
Dear Brian.
Pursuant to our conversation regarding Field Order #24, extension of
an 8-inch gravity sewer on N.E. 9th Avenue south of Bond Way, we
agree to contruct the line for a lump sum price of $12,500.00.
RHE/te
1730 NORTH POWERLlNE ROAD, POMPANO BEACH, FLORIDA 33069 · 972-4551 · FAX 972-4585
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~ Economists 92 DEe -4 ('! t... t.... AJ
- Scientists REC PIED
December 2, 1992 Cf-~({2.~
SEF30787.Dl
Mr. William H. Greenwood, P.E.
Director of Environmental Services
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Greenwood:
Subject: Water and Sewer Service to the Former Enclaves
North Federal Highway Area
Attached is a copy of production calculations from Gateway Construction Company which
were requested to document the extension of time necessary to complete the referenced
contract. We have reviewed this documentation and recommend that Gateway be granted
the non-compensable extension of time, under the terms of the contract. We recommend
an extension of 48 calendar days, which includes 45 days for work added to the contract,
and 3 days which were inadvertently omitted when Change Order No. 2 was executed.
Please contact me if you have any questions or comments.
Sincerely,
CH2M HILL
~O~~
Brian A. Shields, P.E.
Project Manager
ab/lOOllCA9.DFB
cc: HowardWight/Delray Beach
CH2M HILL Deerfield Beach Office 800 Fairway Drive, Suite 350 305.426.4008
Deerfield Beach, 407.737.6665
Florida 3344 7 Fax 305.698.6070
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" 11/25/92
l.:p.~mIl' PA YMENT APPLlCA TlON AND .9ERTI FICA TE "
DATE:
I
.,
PAYMENT ESTIMATE 10 SHEET 1 'OF 6
- -
PERIOD FROM 9/26 TO 11/25'9~ I
PROJECT: Water. & Sewer Service to N. Federal. Hiqhway PROJECT NO. SEF 30787.D1
CONTRACTOR: Gateway Construction Company
1. ,ORIGINAL CONTRACT SUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 1,238,905.00
2. CONTRACT MODIFICATIONS APPROVED IN PREVIOUS APPLICATIONS:
ADDITIONS $ 15 f 326.88 DEDUCTIONS $ ,
3.. CONTRACT MODIFICATIONS APPROVED THIS PERIOD (LIST CONTRACT MODIFICATION NDS.I 3 1
ADDITIONS $ 59f382.17 DEDUCTIONS $
4. N~T CHANGE BY CONTRACT MODIFICATIONS (Sum of Line. 2 & 3) . . . . . . . . . . . . . . . . .. $ 74f709.05
.5. REVISED CONTRACT AMOUNT: (Sum of Lin..1 &41 ............................ $1,313,614.-U5..
, 6. TOTAL VALUE OF WORK TO DATE (Attached Payment Br.akdownl $ 1,313,614.05
7. PERCENT PROJECT COMPLETE: (Line 6 + 6 x 100) ~. ~ %.
8. MATERIALS ON HAND (Lining Atta<:hed)........................$ ~/A
9. PARTIAL PAYMENT UNOELIVERED EQUIPMENT (LI.ting Attachedl $ N/A
10. SUBTOT~L (Sum of Linn 6. 8, 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., $ 1 ,313,614.05.
11. LESS AMOUNT RETAINED (_%1. . . . .. . . . . . . . . . .. . . " . . . . . . . . . . . . . . ., $ ___.~.__ . __
12. TOTAL AMOUNT RETAINED TO DATE ........................!........... $ 0
.-.-.
13. APPROVED RETAINAGE REDUCTION. . . . ;. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 0
14. SUBTOTAL (Lln. 10. Lina 11) . . . . . . . . . . . ., . . . . . . . . . . . . . . . . " . . . . . . . . . . . . ., $ 1 ,313, 6 J.~: 05
lS. LESS PREVIOUS CERTIFICATES FOR PAYMENT lIt.m 14 from Previous Application) $1,191,520.29
16. CURRENT PAYMENT DUE: IDifference betw..n Line. 14 & 16) $ 122f093.76
.
The undersigned Contractor certifies that the Work covered by this application for Payment has been
completed in accordance with the Contract Documents, that all amounts have been paid by him for
Work for which previous Certificates for Payments were issued and payments received from the
Owner, and that the current pay~ent shown herein is now u
" Gateway Construction Co. 11/25/92.__
CONTRACTOR BY. . Emerson, V.P. DATE
".,
I HEREBY ACKNOWLEDGE THAT THE MATERIAL AND LABOR INVOLVED ON THE ABOVE ESTIMATE ARE CORRECT
AND PAYMENT ON SAME IS DUE CONTRACTOR.
~~ IJ/3~/'f"2..
CH2M HILL. INC. DATE
",," .
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~i;:".. (3.11 REV 1/87 FOFiM 276
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i
[ITY DF DELHAY BEA[H CITY MANAGf~'S OFFICE
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: December 23, 1992
TO: David Harden, City Manager
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Cable Television Rule Makinq
The Federal Communications Commission (FCC) is considering
various proposed rules effecting various aspects of Cable
Television Regulation. Of particular importance are the rules
governing the regulation of cable television rates; whether the
FCC should prohibit cable television operators from requiring
the purchase of tiers of service other than bas i c service in
order to obtain premium channels such as HBO and Showtime; and
the implementation of customer service standards by local
governments.
The Cable Television Consumer Protection and Competition Act of
1992 (1992 Act) permits regulation of basic service rates if
the FCC finds that the cable system is not subject to effective
completion. Within the City of Delray Beach, Leadership Cable
Television (Grantee I) currently services all of the City of
Delray Beach. National Cable, Ltd. (Grantee II) is currently
authorized to serve all the areas west of Interstate 95 that is
or become incorporated into the City. The franchises overlap
in the area west of I-95. Our office has sent letters
requesting market penetration information from the City's
franchises in order to determine whether there is effective
competition, especially in the area west of 1-95. However, it
appears likely, from the definition of "effective competition"
in the 1992 Act, that effective competition does not exist and
therefore, the City will have the power to enforce basic cable
television rates if the City files a certificate with the FCC
to do so.
The FCC has solicited comments on rate regulation, but has not
yet firmly established the dates for making those comments.
However, it is likely that the comments will be required by
late January or early February in order that the April 3, 1993
deadline for completion of the rules implementing the 1992 Act
can be met.
~O
..
,
,
David Harden, City Manager
December 23, 1992
Page 2
The rule regarding rates will focus on whether the FCC will
implement a "bench mark rate" or a "cost base rate" . The
"bench mark rate" would be the average rate cable operators
charge for basic service in markets where there is effective
competition. Under the "cost based" approach, the FCC would
examine particular costs of individual cable systems.
The FCC also seeks comment regarding whether it should prohibit
cable operators from requiring subscribers to purchase any tier
of service other than basic service in order to obtain programs
marked on a per channel or per program basis such as HBO or
Showtime.
In addition, the FCC seeks comment on the establishment of
standards from consumer protection and customer service. The
main issue is whether the customer service standard should be
automatically effective or whether local government should have
the authority to chose to implement them. Further, the FCC
seeks comment on what role the FCC should play, once it
establishes a standard, since the 1992 Act appears to give
local government franchisors enforcement authority.
The three areas outlined above are the primary areas which
affect local governments. In addition to the three primary
areas mentioned above, the FCC is also seeking comment on equal
employment opportunity policies and practices in the cable and
broadcast industries; and the sale or transfer of cable
television ownership among other issues. The attached
documents contain more detail of the areas mentioned above.
Perhaps, this matter should be placed on the January 12, 1993
agenda for Commission direction as to whether the City
Commission desires to comment on the proposed rules. Our
office has been in contact with the law firm of Smithwick and
Belendiuk in Washington, D.C. who has offered to prepare
comments based on the City's position, file the prescribed
number of comments with the FCC, develop reply comments, file
reply comments and send us a copy of the final rules for a flat
fee of $500.00. The timeframe, as previously mentioned, is
short for making comments.
It is my understanding from talking with Denise Dytrych,
Assistant County Attorney who handles Cable Television for the
County that Palm Beach County has not yet addressed the issue
of whether they will be making comments on the proposed rules.
I have also contacted, but have not yet heard from Boca Raton
d.'
.
.
.
David Harden, City Manager
December 23, 1992
Page 3
to determine if they have or will be formulating comments
regarding the proposed rules. I will keep you advised.
Please do not hesitate to contact us if you have any questions
regarding these matters.
fiJL
SAR:ci
Attachments
cc city Commission
... ,
,
',/."''':''''''v .... .'. N.w. m.dl. Inform.tlon 202 I 632.5::>50
." ~', N."\ ;.' EW' ~'::... S R"ord.dll.t1ngo'r.I......ndl..'.
~"!>..~.1 '.. II;, ,.. _ 202/132-4002
U~~ ..- . .
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W. 30935
WASHINGTON, D.C. 20554
Tn., ,'In uno"'C'I' .nnouncemenl 01 COfTIm'$Slon ICI,on Fl.et.IU 011'" full fexl 01. CommISSIon order
Cons"lultS off'cl,1 .c"on Se. MCI.. FCC. 515 F 2d 38S.0 C e'fC f174)
Report No. DC-2285 ACTION IN DOCKET CASE December 10. 1992
CABLE RATE REGULATIONS PRCPOSE!)
(MM DOClET 92-266)
As part of its implementation of the Cable Television Consumer Protection
and Competition Act of 1992 (1992 Act). the Commission has proposed and
solicited comment on procedural and substantive alternatives for rate
regulation of basic tier service. cable programming services. equipment offered
to subscribers. and commercial leased access offered to programmers.
The statute provides that the ''basic service" tier must include: (1) all
"must-carry" channels: (2) any public. educational and governmen tal ace es s
c~annels the system franchise requires; and (3) any televisjc~ ~rcac~2~~ 2~~~~~
;:.::oviJed. u!iless it is a non-lccal signal secondarily transmitted :,y
satellite. "Cable programming service" is defined in the 1992 Act as any video
programming provided. regardless of service tier. including installaticn or
rental of equipment other than basic service programming or Vldeo programming
offered on a per-channel or per-program basis.
The 1992 Act permits regulation of a cable system's basic service and cable
programming service rates only if the 'FCC finds that a cable system is "not
subject to 'effective competition. n The statute appears to establish three
separate tests for the presence of effective competition: (1) The households
subscribing to a cable system constitute fewer than 30 percent of the
households in its franchise area. (2) (a) There are at least two unaffiliated
mul tichannel video programming distributors (orie of which may be the cable
system in question). each of which offers comparable video programming to at
least 50 percent of the households in the franchise area. and (b) the
households subscribing to all but the largest multichannel video programming
distributor exceed 15 percent of the households in the franchise area; and (3)
The franchis ing au thori ty is i tsel f a I!lul t ichannel video p rogramm in g
distributor offering video programming to at least 50 percent of the households
in that franchise area.
If the Commission finds that a cable system is not subject to effective
competition. rates for ''basic cable service" are regulated by the local
franchising authority. or by the Commission in certain circumsrances discussed
in more detail below. Rates for "cable prq:!"amnnng sources" are subject tc.
regulation only by the FCC.
By analyzing the comments received in this proceeding. the Commission will
be able to implement the 1992 Act's mandate that it estab1ish regulations
that produce reasonable rates and that are simple to ad~inister.
'TI-e Comrc.ission identified tTNO general 8P::rcac:-:eE' to r?:e :-=-Z;_::2,:i'~,'"l r~;:r
wc:~:'d 28,:isfv cO-:8.-:-e53:cn?~ ()bjec~ia1es - b~r:C!:~;2.1.-1~~n; ::;:.:: :'''''::::_-'li~,I'':~: ~....~-~-:-
=0z~-b2SE~ ~~gc:a:~c~.
r .. .~
.- -- i:~ u,j.l
- 2 -
TJnd f> t" a benchmarking approach. the Commission would establish a benchmark
rate. or a simple formula which could be used to derive such a rate. Rates
below the benchmark would be presumed reasonable. Cab 1 e systems with rat es
a b ov e the benchmark price would be required to reduce their rates to the
benchmark level un 1 e s s they could justify h ighe r rates under standa rds
established by the Commission. The Commission proposed to include as a
component of any benchmark a price cap formula to control how quickly systems
with rates below the benchmark could raise their rates to the benchmark level.
'nle Commission also proposed establishing mechanisms to adjust the benchmark
itself over t j J,ic". The adjustment mechanism might be a formula. or, if the
benchmark is it~odf calcula ted pursuant to a formula. the latter might
incorporate adjust~ent factors among its components. The Commission could also
review the benchmark price and adjust it periodically as needed.
The Commission identified several alternative methods for setting
benchma Iks:
-- Rates charged by systems facing effective competition;
-- Past regulated rates; ----
0---
-- Average rates of cable systems;
-- Cost-of-service. based on an "ideal" or "typical" system: and
-- Price caps
Under a cost-based approach to rate regulation. the reasonableness of a
cable system's rates would be determined by examination of the particular costs
of the individual cable system using ratemaking principles set by the
Commission.
'nle Commission proposed the following alternative methods for individual
system cost-based regulation:
-- Direct costs of signals plus nominal contribution to join t and
common costs; and
-- Cost of service. whereby a cable system's rates would be reviewed
using the established standards of c os t-of-servic e regulation as
traditionally applied to public utilities. including common carriers
providing interstate communications services.
An advantage of a cost-based alternative is that it would permit close
supervis ion of rates. The Commission noted several disadvantages wi th
traditional cost-of-service regulation including that it is neither simple nor
inexpensive to administer. Because the 1992 Act di rected the Commiss ion to
craft rules that reduce burcens on cable operators. franchising authoritie~.
the Commission and consumers. the Commission tentatively concluded that it
should not select a cost-of-service alternative as the prima ry mod e of cable
rate regulation when it is unable to gather the in forma t i on necessary to
implement other alternatives.
t~ I 012
"
- 3 -
Cone ern ing E'quipment, the Commission observed that the 1992 Act requires
that I"ates fel r ..,~II i prnent used to receive basic tier service be based on actual
costs. The C:::.:r.\Il1 is s ion tentatively concluded that equipment subject to rate
regulation \0 ,">uld include the converter box, remote con t roI unit, connections
for additir,nc.l television receivers, and the inside cabling. The Commission
tell':dtivE'iy prcposed tC' r~quire that cable systel:\s unbundle charges f(.1.
eq\.1 ipment. froi::! other char~e~: for cable service. The Commission solicited
comment on requiring that charges for equipment recover any direct costs, an
allocation of indirect costs and overhead, and a reasonable profit. The
Commission also solicited comlllent on the appropriate treatment of equipment
used to r~ceive both basic tier service and cable programming se~ices.
For provision of leased commercial access, in addition to use of benchmarks
and cost-of-service ratemaking, the Commission solie ited comments on .reliance
on marketplace rates, and use of a formula to compute rates based on subscriber
rates for cable service. The Commission also solicited comments on whether the
~ .,_:::~::'. ~ s:: :. 0 ~ ~:--:;: ~ 1 C establist s~ecial rates :<Jr Ilc-:-for-p:--::fit ?~"r,::~.~~.-:.':'.',.
Because the issues concerning leased cOmI!lercia1 access art? ~:~:~:c?:. t:c ::. J. ~
slightly different f::-om those concerning regulation of basic cable and cable
programming rates, the Commission asked interested parties to segregate tr.eir
COM!'\en ts on regulation of leased access from those on th~gu1a t ion of the
other t...,o types of service.
The Commission also proposed cost accounting and cost allocation standards
that could be used if the Commission adopts cost-based regulatory
a1 terna tives. Depending on the alternative selected by the Commission, it may
not be necessary to adopt any or all of these proposed requirements.
In order to regulate basic cable rates, 1 OC 81 franchising authorities must
submi t a three-part certification to the Commission. The Commission
interpreted Section 623 of the Communications Act, as amended by the 1992 Cable
Act, to permit local franchising authorities to regulate the rates for basic
cable service in areas that are not subject to effective competition unless the
FCC disallows or revokes an authority's certification. An initial is sue i~ the
scope of the FCC's authority to regulate basic cable service rates under the
statute, however. The Commission tentatively concluded that it has the power
to regulate basic cable rates only if it has disallowed or revoked the
franchise authority's certification. The Commission sought c ommen t on other
alternatives.
The Commission proposed to have franchising authorities submit an initial
finding of lack of effective competition and the basis therefor as pa rt of t'11 2
certification process, and to consider that in it ial finding in malting (he
Commission's determination regarding effective competition.
( over)
- 013
. ~ :
'f
.
- 4 -
The Commission asked for comments on the procedures for filing. approving
and revoking certification. including whether it should adopt a standardized
form for certification. It also wanted comments on the procedures that should
govern regulation of basic service. cable programming services and leased
access ra'tes. Among 'the numerous other issues on wh ich the Commission sought
comment were how to reduce rate regulation burdens on small systems. how to
prevent evasions. and how to implement reporting an.d information collection
requirements.
Another issue on which the Commission asked for comment was negative option
billing. The 1992 Cab 1 e Act provides that an operator may not charge a
subscriber for "any s e rv ice or equipment that the subsc riber has not
affirmatively requested by name." The Commission tentatively concluded that an
operator should not be permitted to charge for any service or equipment
provided in violation of this provision. The legislative history indicates
chat Congress intended to exempt frol!l th is . provis i on changes in the mix of
programming services in a tier. Thus. the Commission sought comment on w~at the
scope of the negative option billing provision should be. The F~C also asked
for comments on whether any dispute between the operator and subscriber arising
under this provision was essentially contractual in nature. subject to
resolution in the local courts.
In order to facilitate review of comments. the Commission directed that all
comments concerning leased or special access be.placed in separate sections of
comments.
Action by the Commission December 10, 1992. by Notice of Proposed Rulemaking
(FCC 92-544). Chairman Sikes. Commissioners Quello. Marshall. Barrett and
Duggan.
- FCC -
News Media contact: Rosemary Kimball at (202) 632-5050.
Mass Media Bureau contact: Regina Harrison or Alan Aronowitz at (202) 632-
7792.
Common Carrier Bureau contact: Patrick nonovan at (202) 632-1795 ; Nancy
Boocker at (202) 632-6917; Dan Gonzalez at (202) 632-1299: or Jay Atk inson or
Pugh Boyle at (202) 634-1861.
Office of Plans and Policy contact: Florence Setzer at (202) 653-5940.
~, . n ~ t
I. , I \ ...
"
,..c--'~
. 9 .~~; ~1l". 6~ N.w. m~I.lnlorm.llon 202/632-5050
~. -l. _~-. L. ~'W \--.\.'_X &- Record~ IIll1ng of r.I..... and 1.llt.
~. . .' 202/132-0002
~. U.A .
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554 30934
Th,S'S ~n unotl'c.~1 ~nnouncement ot CommISSIon aC\lon Releue ollhe 'ulllext 01 a Comm'SSlon o,oe,
consl,tu'.S Olhc.al ac\lon See MCI v FCC StS F 20 38S ID C Cue 11741
Report lb. DC-2287 AcrION IN IXX1<ET CASE Decatber 10, 1992
FCC PROrosES PROHIBITIro TIER "BUY-'lliROJGH" FOR CABLE TV
(MM IXX:KET 92-262)
In response to Section 3 of the Cable Television Consurrer Protection ani
Ccrrpetition Act of 1992, the FCC has proposed. to adopt iIrp1errenting regulations
to prohibit cable operators fran requiring subscribers to purchase any tier of
service--other than the basic service tier--in order to obtain video
PrOyLdllllling that is offerErl on a per channel or per progran basis such as, for
exanple, Hone Box Office or Showtine. This is' camonly referrErl to as the
"buy-th.ra1gh" prohibition. In addition, systems will not be permitted to
discriminate between subscribers to the basic service tier and other
subscribers with regard to the rates charged for video prograrrming offerErl on a
};:er cl'.aru"1el or per program basis.
Cable systems that, due to the "lack of addressable converter boxes or other
technological limitations" are not capable of carplying with the requirerrent,
will be exarrpt fran this requirarent for a pericrl of 10 years or 1.:B1Q.I they are
m::xlified to eliminate teclulological impediments. The Comnission sought
ccmrent on bJw specifically to define tmse systems not presently capable of
carpliance.
The act further provides that the Carmissicm may extem this exception by
waiver in certain circmnstances, including where catt'liance would require the
cable operator to increase its rates. Ccmrent was requested on what standaIds
might be arployed in the waiver process as well as on other issues regazdiDg
administration and enforcement of the buy-through am narliscrimination
requirerrents.
Action by the Carmission Decetber 10, 1992, by tbtice of Proposed Rulerraking
(FCC 92-540). Chainren Sikes, Carmissioners Quello, Marshall, Barrett, and
Duggan.
-FCC-
News M2dia contact: Audrey Spivack at (202) 632-5050
Mass Media Bureau contacts: Barrett Brick at (202) 632-7480 or Jolm Wong at
(202) 254-3420
, 001
I
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~'c", , New. medl. Information 202 I 632.50[/:-
f~} ~j ,._o.J1.'~~ ,> r'.~
,~ ";' "~ O\trJj ~"'" R~ord.d n.tlng of rei..... and lilt,
~..~ . :I 1;. . .~ ~ i". '.- ~9 202/632-0002
. ul" fu "::~ ~ .\:;;J t. c ~. .
. FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W. 30932
WASHINGTON, D.C. ~OS5~
Tn.s ,s an unoll'Cllllnnouncemenl ot CommISSIon ac:.on Relene 01 Ine lull Ie., 0' I CommISSIon order
conSltlulU olIoC'" aCllo" See IIIICI. FCC 515 F 2d 385 (0 C Core 11141.
Report No. DC-2288 AcrION IN OCCKET CASE Decarber 10, 1992
caf.IISSION I~'ITIA'F.::S PRCC1:'rnrl\GS 'TO ll1PI.B.'!ENI' 1992 c.i\BLE Acr; CABLE
CON5mo1ER PRCfI'EcrICN AND QjSTQv.ER SERVICE ISSUES l>DDRESSED
(M1 DOCKEr NO. 92-263)
In accordance with the Cable Television Censurer Protection and Catpetition
1>.ct of 1992, the FCC tcday initiated l,)roceedir..gs to inplarent the 1992 Act. In
this proceeding, the Camri.ssion is asking for cament on issues concerning
cable consurrer protection am custarer service.
The 1992 Act requires the Ccmnission to establish cable custarer 'service
standards. Such standards must govern, a t a minimum, cable systan off ice
hours, telephone availability, ir:stallations, outages, service calls and
ccmrnmications bee-ween t.lJ.e cable or;;eral:.o:c ar.d subscriber, including billing a.-xl
refund policies.
The Act J;ennits franchising authorities to either enact ~ enforce the
Cannission's standards or other consumer protection requirments. It also
pennits cable operators ani franchising autllOrities to negotiate am to agree
to custarer service requirarents that exceed the Corrmission's standards.
Further, State or franchising authorities are pennitted to enact consurer
protection laws that exceed the Federal staIx3ards, or address issues not
addressed by the Ccmni.ssion, if not preanpted by the Act.
The FCC asks a series of questions concenring implarentation and enforcarent
of the st:aIrlal:ds am it seeks cament on what SI:eQific substantive st:aIrlal:ds
sha.11d be adopted. First, tr.e FCC seeks cament as to whether the Federal
st:aIrlal:ds are self-executing, becaning effective autaratically, or whether they
should take effect only if State or local authorities act to implarent them.
Second, since the 1992 Cable Act appears to provide local enforcarent
authori ty, caments are requeste6 or. what role, if any, the FCC sh:mld play
c:n:e it establishes the Federal standards.
Next, the FCC seeks cament on what particulaI. custarer service standards
the CamJ.ssion should adopt. It asks whether the National Cable Television
Association's (~) "Recamended Irrlus tIy Ols tarer Service Standards II , as
suggested in the legislati-,e history, srould be used as a guide in developing
Federal standards, or wtetrer. there a=e other standards, developed by various
cable, goveJ:11['[fl1t or conSur.Er groups, that could be used in scr.e fashion.
The NCrA standards, in particular, address each of the areas which the 1992
Cable Act requires be included in the Federal standards. By way of exanple,
the l'K:'I'A standards propose that, generally: the teleprone be answered by a
service representative within 30 secoms or by an auta:rated service in four
rings; installations be perfom.ed ....,,-i tr:in Sei.-'en days; service interruptions ~
responded to 1,\":' t D =- ~ 24 hours; ca:::e :Oills be It c~E:'a.r, ccncise and
ur:dersta.rx]a:tle" ; a,d, 3 C: C::2.~,~S I r:ot:.ce L2 g..:~~,--e:1 for ~2.~e ir,creases 0:: CI12"'..nel
cr:e...-:ges. 005
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Finally, Congress has directe1 the ccmnission to adopt "flexible" standards
and to allow a local franchising authority to tailor the requirarents to xreet
the needs of the lccal cam:unity. Acoordingly, the FCC seeks ccmrent on the
approach it should take in establishing Federal standaI:ds in order to take into
account the needs and resoorces of varioos size systans without iIrposing urxio
compliance costs that could lead to rate increases. It proposed three
approaches up:m which ccmrent is scught: 1) adopt a s~le set of standaI:ds"; 2)
establish a series of standa1:ds based upon size or other characteristics of the
cable system or camnmity; or, 3) set a range within which a franchising
authority and cable systan could negotiate.
Action by the Carmission Decaxber 10, 1992, by Notice of PropOSed RularekL'19
(~ 92-541). Chainnan Sikes, CCmnissianers Quello, Marshall, Barrett, and
Duggan.
-FCC-
NewS Media contact: Patricia A. Chew at (202) 632-5050.
Office of Legislative Affairs contact: Ellen SChned at (202) 632-6405; Mass
Media Bu.reau contact: Alan AI"OIlC:Mitz at (202) 632-7792.
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(Ra) "~JCUJS New. medl. Inform. lion 202 1632.5050
Record.d lI.tlng 01 ,.1..... .nd 1.11.
~:r . ( , . , 202 1132.()Q,)2
. u..' . . ~ 'wi' .
FEDERAL COMMUNICAnONS COMMISSION
1919 M STREET, N.W. 30930
WASHINGTON, D.C. 20554
ThIS ,s ,n uno'loCI,1 ,nnouncemenl 01 Comm'ISlO/\ action ReI.,se of 'h. full leal Of . CommlWon order
conShlules o'locl,I,Chon See MCI 'II FCC. 515 F 2d 38510 C ~lfC 'fl'4l
Report No. DC-2290 AcrION IN DCX::KET CASE Decenber 10, 1992
FCC OPENS SEXXH> RaJN) OF PROCEEDIIDS 'ro IMPLEMEN1' 1992 CABLE ACJr7
EEO RLICIES AND PRACl'ICES MDRESSED
~ ocx:nT 1\0. 92-261)
In accordance with the Cable Television O::>r..surrer Protection and Carpetition
.Act of 1992, the Camdssial has initiated its secan rouzxi of proceedings to
inplarent the 1992 Act. This proceErlina' ex:pams Carmissian regulation of equal
employment opportunity pOlicy and practices in the cable ar.d broadcast
television irrlustries.
The 1992 Act requires tr.e <:atrrissian to collect sl;:eCific errpl~1rent data
i fran cable entities, including designation of full and part-time enployees,
J collecting data by each jcb title 'within each categOJ:y, ar.d expanting the
; "officials and managers" job category into six new job~tegOries. In
:~
, addition, the 1992 Act raises the penalty for rule violati . from $200 for
each violation to $500.
.!
~ The Camnission is directe:i to ccnduct a mid-teJ:m review of television
i broaacast .station licensees' srploynent practices, and to infcmn licensees of
~ necessazy inprovarents in recruitment practices identified as a result of the
review .
1 'nle 1992 .Act also ex:pams the definition of "cable operator" to i.Ix:lude "any
.~
j nultichanne1 video programning distributor." It defines mlltichannel video
.'. programming distributor as a cable operator, a roul tichannel mul tipaint
~
~ distribution service (lwM>S), a direct broadcast satellite service (DBs), or a
,'J television receive-anJ.y satellite prog.t:dlh distributor wOO nake available for
purchase, by subscribers or custarers, II'Il1tiple channels of video programning.
.. Thus, distributors of DBS or MMDS systems would now be subject to the
i: Camdssion's cable EEO roles and regulations by statutory requirarent.
.,
-. Caments are requested on these role changes ani camenters are en:ouraged
. to sul:mi.t COTn'eIlts with respect to any other changes within the 1992 Act that
they believe may affect the Carmission I s EEl) roles ar:d regulations.
Action by the Camrission Decerrber 10, 1992, by Notice of P.ro:posed Rulanaking
(FCC 92-539). Chainran Sikes, Carmissianers Quello, Marshall, Barrett, ar:d
-. Duggan.
,
r
-FCC-
News ~:edia contact: Patricia A. Chs....; at (202) 632-5050.
Y2Ss ~~a Bureau contact: Lisa M. Higgiribob~ at (202) 632-7069.
or 003
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,r~'f~) N EW S Hew, medlalnfonnatlon 202/632.5050
C. Record.d n.Ung of rei..... and '.Il'a
~.. J1 202 1132-0002
., "'....
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W. 30943
WASHINGTON, D.C. 20554
Th.1 II ~n unoll'Cla' announCemenl 01 CommISSIon achon Rel.ase 01 '''.Iull ,.., 01 . CommIssIon ord.r
conllo'utel o'''c,a' ~Cllon See MCI v FCC. 515 F 213 3aS 10 C Clft 1174)
Report No. DC-2283 ACTION IN DOCKET CASE December 10, 1992
NEW CABLE OWNERSHIP RULES PROPOSED: INQUIRY BEGUN
(MM DOCKET 92~64)
As part of its implementation of the Cable Television Consumer Protection
and Competition Act of 1992 (1992 Act). the Commission is seeking comment on
the interpret at ion and implementat ion of the c ross-ownership and an ti-
trafficking provisions. of that Act as well as on the adoption of limits on
horizontal concentration and vertical integration in the cable industry..
Section 13 of the 1992 Act added a new Section 617 to the Communications Act
that established an anti-trafficking rule which prohibits the sale or transfer
of ownership in a cable system within three years of its acquisition or initial
construction. Section 13 a] so establishes a 120 day limit on the amount of
time local franchise authorities have to act on requests to transfer cable
systems owned for three years or longer. ---__
Secticn 11 of the 1992 Act amended Section 613 of the Communications Act by
requiring the establishment of several restrictions on the ownership of cable
systems. One of these new provisions prohibits common ownership of a cable
system and multichannel multipoint distribution service (MMDS) or a cable
system and a satellite master antenna television service (SMA'lV). apart from
the franchised cable service. within a franchise area. Sec tion 11 also
requires the Commission to conduct a proceeding within one year to: (l)
prescribe reasonable limits on the number of cable subscribers a person can
reach through cable systems owned by such person (subscriber limits); (2)
prescribe reasonable limits on the number of cable channels tbat can be
occupied by a video programmer in which a cable operator bas an ownership
interest (channel occupancy limits); and (3) consider the necessity and
appropriateness of imposing limitations on tbe degree to which "multichannel
video programming distributors" may participate in the creation or production
of video programming. The Notice of Proposed Rulemaking and ~otice of Inquiry
adopted today addresses these issues.
ANTI-TRAFFICKING
The Commission said that. although the anti-trafficking restriction set
forth in the 1992 Act is largely self executing. it was requesting comments on:
(1) the jurisdiction and enforcement of the provision; (2) the question of what
constitutes a transfer of ownership in a cable system; (3) clarification of
three specified exceptions to this prohibition; and (4) the implementation of
the waiver authori ty given to the FCC in the 1992 Act. The Commiss ion also
asked for comments on what information it should require to be submitted to
local franchise authorities in connection with requests for t!"ansfer of cable
systems owned for at least three years.
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CROSS-OWNERSHIP
The Commission noted that while the 1992 Act general ]y prohibits cross-
ownership between a cable system and either an HMOS or SMATV system serving the
same franchise area. it did not specify what would constitute ownership or
control for this purpose. Therefore. the Commission asked for. comments on this
~ etter. The Commission pointed out that it a1 ready has a cable/MHOS cross-
ownership prohibition and 8 public interest waiver standard for such situations
in its rules. which appears to be consistent with and to effectively implement
the statutory rest rict ion. It asked commenters to address this conclusion and
whether the existing. criteria should also be applied to cable/SMATV situations.
It also asked for comments on a proposal to enforce this provision through a
complaint process and whether reporting requirements were needed. ,
Sl~SCRIBER LIMITS
The 1992 Act requires the Commission to presc ribe sub sc riber limits
consistent with a number of public interest objectives. The Commission asked
for information regarding whether such limits should be based on the share of
sub sc ribe rs served or the number of homes passed and what th~ppropriate
limits are to p reven t undue concentration in the cable indust ry. The
Comm is s ion also asked for comment on enforcement and monitoring of the
subscriber limits which are ultimately adopted.
CHANNEL OCCUPANCY LIMITS
The 1992 Act requires the Commission to prescribe reasonable limits on the
number of channels that can be occupied by a video programmer in which the
cable operator has an attributable interest. 'nle Commission. therefore.
requested comment on: (1) the use of the existing broadcast station attribution
criteria for this purpose: (2) the relevant procedures for calculating cable
channel occupancy limits: and (3) informat ion regarding what constitutes
reasonable occupancy limits and how they should be enforced.
RESTRICTIONS ON VIDEO PROGRAMMING DISTRIBUTORS
The 1992 Act requires the Commission to determine whether limits should be
imposed on the degree that multichannel video programming distributors engage
in the creation or production of video programming. The Commission noted that
the 1992 Act established s t ruc tura1 and behavioral restrictions on
mul t icl~annel video providers intended to further the development of diversity
and competition in the video marketplace. The Commission asked whether
add i t ional restrictions were warranted. It also asked commenters to consider
whether any benefits would be derived from additional restrictions or whether
stich additional restrictions would limit the abil i ty of cable operators to
finance the development of new programming services.
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Action by the Commission December 10. 1992. by Notice of Proposed Rulemaking
and Notice of Inquiry (FCC 92-542). Chairman Sikes. Commiss ioners Quello.
Marshall. Barrett and Duggan.
- FCC -
News ffedia contact: Rosemary Kimball at (202) 632-5050.
Mass Media contact: Jacqueline E. Chorney at (202) 632-7792.
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fC) : "".." :"'.. ~.~~ \q Y, ". '.~ ._ Record.d H.Ung of ,....... and .,It.
t "~ .'0.:., ~~- 202 1132..0002
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FEDERAL COMMUNICA TtONS COMMISSION 30931
1919 M STnEET, N.W.
WASHINGTON, D.C. 20554
TI\I' .s an unOI"c,al announce men I 01 Commlss,on IChOn Ael.lS. 01 ,,,,lull It.' 011 CommISSIon or".,
constllutes O'IoCIII Ktlon See MCI v FCC 515 F 2d 385 (0 C Core twe)
ReI;ort No. DC-2289 ACl'ION IN DO:KET CASE Decarber 10, 1992
mMISSION INITIATES PRCCEEDIIDS ro IMPLEMENl' 1992 CABLE per;
PROORAM DISTRIBUI'ION AND CARRI1\GE AGREEMENl'S ADDRESSlID
(ZvM DOO<En' 000 92-265)
In accordance with the Cable Television Cbnsurer Protection and CatI:letition
h:t of 1992, the FCC tcday initiated proceedings to iIrplarent the 1.992 h:to
'!he Ccmnission invited. carment on provisions that will govern access to
mu1 tichanr.e.l video prograrrming, as well as program carriage agrearentso
Toe 1992 /l..ct prohibits unfair or discrimir.at.ozy practices in the sale of
programning in order to foster the developnent of carpetition to cable systans
by increasing access to progrdllllLlng by other IIIlltichanne1 video progra&ulling
distributors. The 1992 h:t also addresses carriage agrearen'ts--between cable
systems a..'1d the prcgranmi.ng se=vices tr.at they distribute as a means of
preventing cable systaTlS f:ran coercing certain te:rms fran progran vetXiors in
exchange for carriage.
The P~~dul access provisioos of the 1992 Act require the Carmissicn to
adopt regulations to prohihit: 1) urrlue influence by cable operators upon
actions by affiliated program ven:Jors; 2) price discrimination by vertically
in~ted satellite cable programming vendors and satellite broadcast
programning vemors; am, 3) certain exclusive cootracting practices that the
Ccmnission fiIxll; not in the public interest.
The Carmissicn cbsezved that based on the stIucture of the 1992 h:t as l>.'ell
as the legiSlative history, Congress was apparently especially concerned with
the cCIlSequences of vertical ownership relationships between large m.l1 tiple
systan q:erators ani satellite cable progl:anndng ver.Oors. Al t.hcugh Cacgress
al so recognized tha t corrunon ownership of cable systems arrl progranming
suppliers could benefit the public, the FCC stated that the 1992 h:t reflects a
fundamental concern that vertically integrated cable finns could have
incentives to favor tbeir CMl affiliated entities and to unfairly discriminate
against alternative distributors. Therefore, tr.e Camdssion p:roposed to
develop regulations tP..at prevent tmfair and anti~titive coriluct in the sale
of satellite distributed cable programming by vertically integrated
progranners . In accordance with the h:t's provisions, the regulations \I.OUld
also address unfair and anticompetitive conduct by satellite broadcast
prograrrming vendors. 'The FCC also seeks cament on various issues pertaining
to the interrled cbjectives ani scq:e of the 1992 h:t, as well as whether the
regulations should only implicate those "unfair," "deceptive," or
"disc:d.."!1ir..ator..:," p::-actices that sigP..ificantly hi..-rrler the access of pro;;rac:mL;.g
~i3~~~~:2~3 ~o ~~c~~a~i~g. F.s a r2latEd iS3t.:2, tr.e: Casiss:..cn 2-5~~2C for
r::C",,~-:-l2:c: c:-:. t.:-.e gcc.;::::-a:;:::::c rrc.r~-:et t:-2.t .,;culd be ::-21e..rant to o.et.enni..."1i;:g ,.,'[-ceu.e:::-
2. l~~ac::.ice C2.~..:se3 a...-:~:c:-4.~;..e:.i~:.'~je I:C.::!Tl in t..~t: :7~}.:et. - r\ r,-
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Caoceming 1 ~rrlue influerx:e by cable operators upon affiliated progrcmning
vemors · sales practices, the R:C, asked camenters to address the particular
activities that should constitute "l.1Irlue infl uence. II The Commission also
sought cament em how to distinguish such practices fran other activities that
ccW.d occur dur~ the nomal ccurse of negotiaticn.
Next, the 1992 kt prohibits a progrClIlldD1 vea30r affiliated with a cable
~ratar fran discriminating in rates ani sales practices am:>n;;J DIlltichannel
video prOy-,auad.ng distributors. 'lberefore, the FCC is asking for cament to
identify pric~ practices that it shcW.d coosider .discriminatory. II The-
camrl.ssioo cbserved that the statute clearly permits PJXly-,auudng vendors to
i.Irpose certain requirarents to account for different characteristics among
program distributors. Thus, the conmission' s proposal acknowlroges the
SI:€Cific cost arrl velurre-related factors for justifiable price differentials
that the s ta tu te mentions, and inquires whether other legitiJrate econanic
factors may exist that explain pricing differentials am are consistent with
the statute. The Ccmni.ssion also seeks cament on ~ther its stc~rds for
evaluating price differentials ccW.d be guided by other laws ~ address price
discrimination issues. -
Wi th respect to exclusive p~-,all Caltracts, the 1992 Act directs the
Comnission to develop rules that prohibit exclusive arrangements for
programming between a multichannel video distributor and an affiliated
PrOyLQuudng veIrlor in areas not sexviced by a cable qezatar. In areas sexved
by cable, the statute requires t:be CCrrmission to prohibit su=h exclusive
~arents lmless it detezmines that the exclusive ccmtract 'NOUld be in the
public interest. Caments are salght on tb! ~~iate detezminaticn of
whether an area is served by a cable operator as 'oIlell as how to identify the
specific arrangE5Ie1lts that should be prohibited. The FCC also asked parties to
consider the necessazy factors for deteJ::mi.ni.ng whether a plr'ticular arrangarent
serves the public interest.
According to the Act, parties that are aggrieved by cor.duct alleged to
violate the PZOyLCllll access provisions are required to have the right to
commeoce an adjudicatory prcx::ea:ling before the Ccmnissian. 'l11e Ccmni.ssian
proposed to adopt a streamlined ccnplaint procedure that ~d expeditiously
resol ve ccmplaints while still affording all parties due process. These
prccedures would require CCJtplainants to establish a prima. facie case of a
statutory violation with respect to prcgrarrmi.ng access, and the Carmission
SOJ.ght ccmrent on the factors that should constitute a prine facie sh:Jwing.
Finally, with respect to carriage agreements, the 1992 Act prohibi ts
mu1 tichannel ProgLdUULing distributors fran cor:rliti~ carriage of a verxior' s
Pl.OyLdll(uing on particular concessialS in the carriage agrearent. For exanple,
the statute prohibits a multichannel distributor fran requiring a verxior to.
concede a financial interest or exclusive rights in the vendor's programning
service in return for carrying the program se...""Vice on its system. The
Ccmnission is ask:.~g for comment on specific practices that should be
prohibi ted and on awropriate cUl.;,Jlair.t prccedures for corrluct t..'-1at \l:culd
violate the impl~~ting regulatior~. j' 008
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Action by the Camdssian Deceuber 10, 1992, by Notice of Proposed RulEDlaking
(~ 92-543). Chaiman Sikes, Camdssiooers Quello, Marshall, Barrett, and
Duggan.
-FCC-
News Media contact: Patricia A. Chew at (202) 632-5050.
Mass Media Bureau ccmtact: Janes COltharp at (202) 632-6302, Jane Hi.nckJ.ey
Halprin at (202) 632-7792, Office of the General camsel cxntact: Diane L.
Hofbauer at (202) 632-6990.
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[ITY DF DElAAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSI1>lJLE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: January 8, 1993
To: city Commission
From: Jeffrey S. Kurtz,
Subject: Willie Nelson v. City of Delray Beach; Proposed Offer
of Settlement; Our File #05-92.002
This case arose out of a bicycle/automobile accident occurring
on September 12, 1990. Mr. Nelson was on a bicycle traveling
southbound in the northbound lane of S. W. 5th Avenue and s.w.
1st Street. Officer John Evans was in a police vehicle at the
intersection of S. W. 5th Avenue and S. W. 1st Street making a
right hand turn. As he was pulling into the intersection, Mr.
Nelson's bicycle hit the front of Officer Evan's vehicle
resulting in Mr. Nelson bouncing across the vehicle onto the
street. Although Mr. Nelson was conscious and suffered no
serious abrasions or broken bones, he was transported by
ambulance to Bethesda Hospital. I have attached a copy of the
photograph of the aftermath of the accident for your review.
He claims neck and back injuries as a result of the incident
and has been diagnosed as having a herniated disc. He has been
treated by Dr. Morariu, a neurosurgeon, and Dr. Steven Hamburg,
a chiropractor. Mr. Nelson has incurred approximately
$23fOOO.00 in medical bills and claims approximately $8,000.00
in lost wages. He has not worked since the accident, but his
situation is complicated by the fact that he has been diagnosed
as being HIV positive.
It is our office's opinion that a jury would find both parties
partially responsible for the accident and award damages to
Mr. Nelson. At mediation the Plaintiff agreed to settle the
case for $28,500.00, which is in the range of the anticipated
jury verdict. Therefore, the City Attorney and Risk Manager
are recommending the City accept the offer and settle the case.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK: jw
cc: David Harden, City Manager
Lee Graham, Risk Manager
Donna Woods, Gallagher Bassett
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: December 4, 1992
To: City Commission
From: Jeffrey S. Kurtz, City Attorne
Subject: Aero-Dri Litigation - Payment of Attorney's Fees
As I have previously discussed with the Commission, the Fourth
District Court of Appeal upheld the trial court's award of
attorney's fees and costs to Purvin Industries and the Razetes.
The amount of those attorney's fees and costs awarded totaled
$144,399.44 to Purvin and $65,480.00 to the Razetes. .
The trial court had awarded the fees to the Defendants as
successful parties under the Florida Environmental Protection
Act. Thgy had been successful under that Act because the trial
court determined that the City was divested of its private
cause of action when the state filed its suit against the same
defendants.
The City asked for rehearings of the Fourth District's
affirmance of the trial court's ruling, as the Appellate Court
had not addressed, in opinion form, any of the important issues
raised by the City. The lack of an opinion gives future
litigants no clear direction as to how to proceed. In between
November 20th and November 30th, the Fourth District Court of
Appeal rejected our various motions for rehearing. It is our
office's opinion that the Supreme Court of Florida would reject
certification and therefore further attempts to appeal these
issues would not be worthwhile.
Therefore, it is my unpleasant duty to inform you that the City
is faced with having to pay $170,958.68 to Purvin Industries
and $78,473.85 to the Razetes which represents the initial
judgments plus the interest that has accrued on them. In
addition, Purvin and the Razetes will be entitled to fees for
successively defending the appeals on the attorney's fees and
costs that were brought by the City. I anticipate that I will
have billing statements and be able to opine as to the
appropriateness of the appellate fees at the City Commission's
9. GJ.
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city Commission
December 4, 1992
Page 2
meeting of December 8, 1992. At that time, direction will, be
sought from the Commission as to whether to appeal or pay the
judgments.
JSK:ci
cc David Harden, City Manager
Joe Safford, Director of Finance
Bill Greenwood, Director of Environmental Services
aero.jsk
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that an additional $3,800 in additional services be approved for
Williams, Hatfield and Stoner.
Mr. Mouw moved for approval of the change orders and
final payment~ as recommended by the City Attorney; seconded by
Dr. Alperin. Upon roll call, the Commission voted as follows:
Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Lynch - No; Mr. Mouw - Yes. Said motion passed with a 4
to 1 vote.
~ Authorization to Appeal. The Commission is to consider
authorizing the City Attorney to appeal a decision reinstating
the Circuit Court Case reo GrahamlWhite V. City of Delray Beach.
Mr. Mouw moved to authorize the City Attorney to
appeal Judge Brown's decision reinstating the Circuit Court Case;
seconded by Dr. Alperin. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch
- Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed
with a 5 to 0 vote.
~ Award of Annual Pipe Fittings and Accessories Bid. The
Commission is to consider approval of the award of a portion of
the annual pipe fittings and accessories bid in the estimated
amount of $71,517.60 to various vendors; with funding from Water
Treatment Plant Equipment Maintenance (Account No.
441-5122-536-46.20), and Lift Station Equipment Maintenance
(Account No. 441-5144-536-46.20).
The City Manager stated this item was put on the regu-
lar agenda because there are a few cases wherein staff is not
recommending the low-bidder or what appears to be the low-bidder.
Dr. Alperin moved for approval, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yesj Dr. Alperin -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0
vote.
.2.....L..... Consideration of Payment of Attorney f s Fees IAero-Dri
Litigation. The Commission is to consider paying attorney's fees
for representation during the Aero-Dri litigation and approve the
funding source.
The City Attorney stated that what has happened in the
Aero-Dri litigation is that the City originally filed the case
under the Florida Environmental Protection Act. One of the
reasons for doing so was that it allowed the prevailing party to
recover attorneyfs fees. What then occurred was the State of
Florida, through the Department of Environmental Regulationf
filed a similar suit against the same defendants. The Florida
Environmental Protection Act allows for private parties, includ-
ing cities, to have a private cause of action. Judge Rodgers
then decided that because the State filed their action after the
-21- 12/08/92
,
. . '...
City, the only cause of action under that statute now lies with
the State and the City could not proceed with its litigation, so
he granted a summary judgment. Unfortunately, that summary
judgment did, not take place until a year into the matter. At
that point in time the defendants had expended considerable
attorney's fees. Judge Rodgers agreed with their argument that
they were entitled to recover attorneys. fees for defense of the
entire matter for the entire time. Those total fees were
$144,000 and $65fOOO. The City appealed those decisions. The
Fourth Court of District Appeal did not find merit in the City's
arguments, so the City is now faced with the situation of having
to pay those attorney's fee. The City Attorney does not believe
there are good grounds to go forward and that the City would be
wasting money appealing to the Supreme Court.
The City Attorney stated that he has asked the lead
council for the State, if they are successful in recovery, to
refund the City 100% of the cost for attorney's fees. In addi-
tion, he had discussed going to the State Legislature and showing
them this case and showing them the injustices in the legisla-
tion. The total expenditures for this case as far as clean up
and the pursuit of recovery of costs is approximately in the $4.5
to $5 million range.
Dr. Alperin questioned where the money was coming from.
In response the City Manager stated that the f~nding would come
from the surplus of the Water and Sewer Fund.
Mr. Mouw questioned when the Statefs case would come
up. The City Attorney stated that he anticipates the case would
be tried wi thin the next six months or so. He is also hopeful
there will be a settlement.
Dr. Alperin moved to not appeal the Fourth District
Court of Appeal's rulings on the attorneyfs fees and cost issues,
seconded by Mr. Mouw. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Ellingworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
~ Settlement OfferlAtlantic Plaza. The Commission is to
consider a settlement offer from Atlantic Plaza.
The City Attorney advised that Atlantic Plaza made a
claim with respect to an odor emanating from the City's Lift Sta-
tion at Veterans Park and wafting over their plaza during 1991.
They have hired experts and claim total damages in excess of
$200,000. The majority of those damages are highly speculative.
If, however, they do prove liability, there is probably $35,000
to. $40,000 in damages which would be difficult to contest. In
additionf the City faces the possibility of Atlantic Plaza seek-
ing their costs and attorney's fees with respect to litigating
the matter.
-22- 12/08/92
"
1
City of [)eIray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date 01-11-93
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Joseph Safford. Director of Finance
Initiated By: Joseph Safford. Director of Finance
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
441-0000-301-41.00 Prior Yr Surp1us-W/S Fund $250,000.00
441-5111-536-31.00 Legal Fees $250.000.00
(10) TOTAL $250.000.00 $250.000.00
JUSTIFICATION: To cover payment of attorney's fees relative to the Aero-dri Case
(see attached memorandum from City Attorney dated 12-04-92).
---- --- ~ ()
"----- ~ , -;i"p_J_,V
Department Hean / .-n- " L- /K V'" Asst City Manager
Budget Officer ( / '" { 1
City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count 9Q
OR'~''''AI _Rl Irv~CT ,... 1\ '" 1\ ov . 1::11 ~ '""'''/ ""........... ......-, .-,.-
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [;cl
SUBJECT: AGENDA ITEM # q R. - MEETING OF JANUARY 12. 1993
ADDITIONAL ITEMS - TENNIS CENTERISTADIUM
DATE: January 8, 1993
This item is before you to waive the provisions of the City's
Competitive Bid Requirements and to authorize staff to purchase
partitions, air conditioners and a public address system by
negotiation using competitive quotes, where available, in conjunction
with the Tennis CenterlStadium project.
The partitions will be placed in the gymnasium that is to serve as the
area for the working press, interview room, reception area and areas
for ball persons, volunteers and officials.
The air conditioners will serve the V.I.P. tent. The lowest quote we
received for the rental of an air conditioning unit is $9,750 per
year. We have received an additional quote for the purchase of two 20
ton units with all the necessary duct work for $17,200.
The waiver would also apply to the rental of the Hospitality Tent,
vendor tents and the Crowd Pleaser temporary toilets.
Recommend the waiver of Competitive Bid Requirements and authorize
staff to purchase partitions, air conditioners, a public address
system and rent other necessary appurtenances in conjunction with the
Tennis CenterlStadium project.
"
.
[ITY DF DELRAY BEA[H
100 N.W. 1st AVU,'::, . DE LRA Y BEACH, F LOR I DA 33444 . 407/243-7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Virginia Slims Cost Estimates
DATE: January 12, 1993
Attached please find cost estimates for the Virginia Slims Tennis
Tournament.
I am recommending we either leaselpurchase or outright purchase
partitions for the gymnasium that is to serve as the area for the
working press, interview room, reception area and areas for ball
persons, volunteers and officials. These partitions allow the large
amount of electrical wiring for 33 electrical outlets and 26 telephones
that are needed for a tournament of this size to be run internally
within the panels and along the power poles. Another option is to
install a wooden floor with wooden partitions over our existing
gymnasium floor. The cost for labor and materials for the wooden floor
is $17,200 and an estimated $5,000 to $7,000 per year for reinstalling
and dismantling. I do not recommend this option because I do not think
it is as pleasing aesthetically as the partitions, and I am concerned
about the effect that the installation and dismantling of a wooden
floor would have on our new $45,000 gymnasium floor that we just
installed a few months ago. I think, in the long run, the partitions
are much more cost effective.
The lowest quote we received for the rental of an air conditioning unit
for the V.I.P. tent was $9,750 per year. Hoffmann's Air Conditioning
indicated we could outright purchase two 20 ton units and all necessary
duct work for $17,200. Obviously we would have additional costs each
year to install and dismantle these air conditioning units.
THE EFFORT A,!UIYS MATTERS
'.
-
2
The rental cost of the P. A. system is $2,400. However, to make it
work we still have to purchase the wiring ($1,600), install brackets
($1,000) and have a system for hearing impaired ($1,050), which brings
our actual costs to $6,050. The P.A. system can be purchased outright
for a total of $11,650.
Please place this on the January 12, 1993 City Commission agenda for
their consideration. We will need authorization from the Commission to
rent the hospitality tent, tables, chairs, etc. from Diamonette Party
Rentals in the amount of $21,502; to enter either into a lease/purchase
agreement for $49,988 or an outright purchase for $34,284 for the
partitions for the gymnasium from Command Office Furniture; and the
purchase of two 20 ton air conditioning units plus duct work from
Hoffmann's Air Conditioning, Inc. for $17,200.
Please review and advise.
Parks and Recreation
Attachment
JW:cp
Ref:dhvascst
I
.
.
VIRGINIA SLIMS COST ESTIMATES
Hospitality tent, 21 vendor tents, $21,502
tables, chairs, flooring, lighting, etc.
Two (2) crowd pleasers 10,500
Ticket trailer 1,040
Temporary signage - 1-95 4,620
Temporary lighting - parking lots 4,644
Temporary fencing (1,500 ft. @ $2/ft.) 3,000
Sports Authority survey 3,200
P. A. system rental 2,400
Total Rental Costs $50,906
Partitions for gymnasium $8,660 for
5 year leaselpurchase plan of $776 per month first year
for a total cost of $49,988, or $34,284 (10 months)
for outright purchase. $90 per month storage plus $900
fee storage fee
Purchase of two (2) 20 ton AIC units and duct work $17,200
to air condition V.I.P. tent.
Wiring ($1,600), bracelets ($1,000) and hearing 3,650
impaired system ($1,050) for P. A. system
Total Capital Costs $30,410
Ref:costests
.,
.
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
.
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # lDIr - MEETING OF JANUARY 12. 1993
ORDINANCE NO. 66-92
DATE: January 8, 1993
This is the second reading of an ordinance adopting, by reference,
certain provisions of the Uniform Fire Safety Codes, State Fire
Marshal Rules and certain minimum National ~ire Safety Codes into the
Code of Ordinances. Additionally, this ordinance provides that
violation of the above named codes shall be deemed a violation of City
ordinances in order to enhance the enforceability of said codes.
The standards contained wi thin this ordinance complies with State of
Florida requirements for Uniform and Minimum Fire Safety Standards. A
summary of the impact and changes is attached as backup materials for
this item.
Recommend approval of Ordinance No. 66-92 on second and final
reading.
p~ 5-0
"
,
ORDINANCE NO. 66-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING THE TITLE OF
CHAPTER 96, FIRE PREVENTION; FIREWORKS" AND ENACTING
A NEW TITLE TO CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES" AND REPEALING SECTION 96.16,
"CERTAIN CODES ADOPTED BY REFERENCE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND
ENACTING A NEW SECTION 96.16, "CERTAIN CODES ADOPTED
BY REFERENCE", TO PROVIDE THAT UNIFORM FIRE SAFETY
CODES, ESTABLISHED BY FLORIDA STATUTES SECTION
63.01, STATE FIRE MARSHAL RULES AS CONTAINED WITHIN
FLORIDA ADMINISTRATIVE CODE RULE 4A, ALL AS SHALL BE
REVISED OR AMENDED FROM TIME TO TIME, AND CERTAIN
MINIMUM NATIONAL FIRE SAFETY CODES PRESCRIBED BY THE
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) AS
AMENDED HEREIN, SHALL BS INCORPORATED WITHIN THE
CITY'S CODS OF ORDINANCES; PROVIDING THAT A
VIOLATION OF THE ABOVE-NAMED CODES SHALL BE DEEMED A
VIOLATION OF CITY ORDINANCES IN ORDER TO ENHANCS THE
ENFORCEABILITY OF SAID CODES; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 633 of the Florida Sta~ue., Section 633.022
states that the Department of In.urance shall e~tabl1sh Uniform Fire
Safety Standards which apply throughout the state; and,
WHEREAS, Chapt~r 633, Section 633.01 of the Florida Statutes
establishes that the State Fire Marshal shall make an promulgate all
rules necessary. to implement the provisions of Chapter 633, Florida
Statutes; and,
WHEREAS, the City of Oelray Beach, Florida may establish
certain additional minimum codes which are not in conflict with the
Uniform Fire Safety Standards and rules promulgated by the State Fire
Marshal; and,
WHEREAS, the City Commission of the City of Oelray Beach,
Florida, i~ order to simplify the enforcement through the City'S Code
Enforcement Board, d'sires to adopt by reference the Uniform Fire Safety
Standards, State Fire Marshal Rule., all a. promulgated pursuant to
Florida Statute., Chapter 633, and de.ire. to incorporate said standards
and rule. into its Code of Ordinance. a. is fully .et forth therein and
as may be revised and amended from time to time, and to provide that if
there are subsequent revisions or amendments to the Uniform Fire Safety
Standards or State Fire Marshal Rule., then tho.e revisions and
amendments shall automatically become adopted under this Chapter and
shall be deemed a part thereof; and,
WHEREAS, the City CollUllission of the City of Delray Beach,
Florida desires to update the applicable minimum national Fire Codes to
be enforced within the City of Oelray Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF OELRAY BEACH, FLORIOA, AS FOLLOWS:
,
,
section 1. That the Title to Chapter 96, "Fire Prevention;
Fireworks" of the Code of Ordinances, of the City of Delray Beach,
Florida, is hereby amended by repealing the title and enacting ~ new
title to Chapter 96 to read, "Fire safety and Emergency Services".
section 2. That Chapter 96, "Fire Prevention; Fireworks", is
hereby amended by repealing in its entirety Section 96.19, "Certain
Codes Adopted by Reference", of the Code of Ordinances of the City of
Delray Beach, Florida.
Section 3. That Chapter 96, "Fire Prevention; Fireworks", of
the Code of Ordinances of the City ot Delray Beach, be and the same is
hereby amended by enacting a new Section 96.16, "Certain Codes Adopted
by Reference"f to read as follows:
96.16 Certain Codes Adopted bv Reference
(A) The Uniform Fire Safety Standards promulgated pursuant to
Section 633.022, of the Florida Statutes and the rules
promulgated by the state Fire Marshal pursuant to Section
633.01 of the Florida Statutes, and as set forth in the
Florida Administrative Code, Rule 4A, are herein
incorporated by reterence, all aa if fully set forth
herein and as may be revised and amended from time to
time. If there are subsequent revision. or amendments to
the Uniform Safety Standard. or Rules of the State Fire
Marshal, then those revision. ~d amendments auto-
matically become adopted under is Chapter and are
deemed a part hereof. A violation ot the Uniform safety
Standards or the Rule. of the State Fire Marshal shall be
a violatiOb of this section.
(B) There are adopted for the purpose of preacribing regula-
tions governing conditions, hazard. to lite, or property,
from fire or explosion, the following minimWl National
Fire Cod.., preacribed by the National Fire Protection
Aaaoc:iation (NFPA) , (save and except such portions or
codes as are hereby deleted, modified, or amended in
Section 96.17 ot this Chapter) a. if tully set. forth
hereiR. A violation of the National Fire Codes as set
forth herein shall be deemed a violation of this Section.
The applicable National F ire COde. are on file in the
. otticlf at the City Clerk, and the provisions thereof
shall be controlling within the limit. of the City:
( 1) NFPA 1, "Fire Prevention Code", 1987 edition.
(2) NFPA 10, "Portable Fire Extinquishers", 1991 edi-
tion.
(3) NFPA 11, "Low Expansion Foam and Combined Agent
Systems" , 1988 edition.
(4 ) NFPA 11A, "Medium and High Expansion Foam Systems",
1988 edition.
(5) NFPA 12, "Carbon Dioxide Extinquishing Systems",
1989 edition.
.
, 2
OR!). NO. 66-92
,
--
(6) NFPA 12A, "Halon 1301 Extinguishing Systems", 1989
edition.
(7) NFPA 12B, "Halon 1211 Extinguishing systems", 1990
edition.
(8 ) NFPA 13, "Installation ot Sprinkler Systems", 1989
edition.
(9 ) NFPA 130, "Sprinkler SystelU in One- and Two-Family
Dwelling.", 1989 edition.
(10) NFPA 13R, "In.tallation ot Sprinkler Systems in
Re.id.ntial Occupancies Up to Four Stories in
Height", 1989 edition.
(11) NFPA 14, "Installation ot Standpipe and Hose Sys-
tema", 1990 edition.
(12) NFPA 15, "Water Spray Fixed Systelll8", 1990 edition.
(13) NFPA 16, "In.tallation of O.luge Foam-Water Sprin-
kl.r and Foam-Wat.r Spray Syat.lU", 1991 edition.
( 14) NFPA 17, "Dry Ch.aJ.cal Extingui.hing Systelll8", 1990
edition.
(15) NFPA 17A, "Wet CheaJ.cal EXtinJiahing Systema", 1990
edition.
(16) NFPA '20, "Installation of Centrifrugal Fire Pumps",
1990 edition.
(17) NFPA 22, "Water Tanle. tor Fire Protection"f 1987
edition.
(18) NFPA 26, "Superviaion of Valve. Controlling Water
Suppli..", 1988 edition.
(19) NFPA 30, "Plamma1:>le and COmDuatible Liquids Code",
1990 edition.
. (20) KFPA 31, "Installation of au Burning Equipment It ,
1987 edition.
(21) NFPA 32, "Orycleaning Planta", 1990 edition.
(22) NFPA 33, "Spray Application U.ing Flammable and
COmDustible Mat.rial."f 1989 edition.
(23) NFPA 34, "Dipping and Coating Proc..... Using
Flammable or Combu.tible Liquid.", 1989 edition.
(24) NFPA 35, "MAnufacture ot Organic Coatings", 1987
edition.
(25) NFPA 40, "Storage and Handling of Cellulose Nitrate
. Motion Pictur. FUm", 1988 edition.
3
OR!). NO. 66-92
.
(26) NFPA 40E, "Storage of Pyroxylin Plastic", 1986
edition.
(27) NFPA 43A, "Storage of Liquid and Solid Oxidizing
Materials", 1990 edition.
(28) NFPA 438, "Organic Peroxide Formulations, S~orage
of", 1986 edition.
(29) NFPA 43C, "Storage of Gaseous Oxidizing Materials",
1986 edition.
(30) NFPA 430, "Storage of Pesticide. in Portable Con-
tainers", 1986 edition.
(31) NFPA 45, "Fire Protection for Laboratories Using
Chemicals", 1986 edition.
(32) NFPA 46, "Storage of Forest Products", 1990 edition.
(33) NFPA 51, "Design and Installation of Oxygen-Fuel Gas
Systeu for Welding, Cutting and Allied Process",
1987 edition.
(34) NFPA 51A, "Acetylene Cylinder Charging Plants", 1989
e~it1on.
(35) NFPA 51B, "Cutting and wel4ng Processes" , 1989
edition.
(36) NFPA ~4, "Natural Fuel Gas Code", 1988 edition.
(37) NFPA 58, "Storage and Handling of Liquif1ed Petrole-
um Gases", 1989 edition.
(38) NFPA 71, "Installation, Maintenance, and Use of
Central Station Signaling Syste..", 1989 edition.
(39) NFPA 72, "Installation, Maintenance, and use ot
Local Protective Signaling Syste.. for Guard's Tour,
Fire Alarm and Supervisory Service", 1990 edition.
. (40) NFPA, 72E, "Automatic Fire Detectors", 1990 edition.
(41) NFPA 72G, "Installation, Maintenance and Use of
Notification Appliances for Protective Signaling
Sys tems" , 1989 edition.
(42) NFPA 74, "Installation, Maintenance, and Use of
Household Fire Warning Equipment", 1989 edition.
(43) NFPA 75, "Protection of Electronic Computer/Data
Processing Equipment", 1989 edition.
(44) NFPA 80, "Fire Doors and Windows", 1990 edition.
(45) NFPA 82, "Incinerators, Waste and Linen Handling
. Systeu and Equipment", 1990 edition.
4
ORD. NO. 66-92
.,
-'
. .. -. --
(46) NFPA 88A, "parking Structures", 1985 edition.
(47) NFPA 88B, "Repair Garages", 1985 edition.
.
(48) NFPA 90A, "Installation of Air conditioning and
Ventilating Systema", 1989 edition.
(49) NFPA 90B, "Installation of Warm Air Heating and Air
Conditioning Systema", 1989 edition.
(50) NFPA 91, "Installation of Blower and Exhaust Systems
for Oust, Stock and Vapor Removal or Conveying" ,
1990 edition.
(51) NFPA 96, "Installation of Equipment for the Removal
of Smoke and Greas.-Laden Vapors From Commercial
Cooking Equipment", 1991 edition;
(52) NFPA 99, "Health Car. Facilities", 1990 edit.l:on.
(53) NFPA 101, "Safety to Life From Fire in Buildings and
Structures", 1988 edition.
(54) NFPA 102, "AssemDly Seating Tents and Membrane
Structures", 1986 edition.
(55) NFPA 110 - "Standard for Em.rgrcy and Standby Power
Systema", 1988 edition.
(56) NFPA .204M, "Smok. and Heat Venting", 1985 edition.
.
(57) NFPA 211, "Chimneys, Fireplaces, Vents and Solid
Fuel Burning Applianc...., 1988 edition.
(58) Hl'PA 220, "Typ.. of Bullding Con.truction", 1985
edition.
(59) NPPA 231, "Gen.ral Storage", 1990 edition.
(60) Hl'PA 231C, "Rack Storage of Material." , 1991 edi-
tion.
,
. (61) I.O'PA 231D, "Storage of Rubber Tire.", 1989 edition.
(62) NFPA 241, "BuilcUng Construction and Demolition
Operations", 1989 edition.
(63) NFPA 251, "Fire Te.t. of Building Construction and
Materials", 1990 edition.
(64) NFPA 252, "Fire Tests of Door AssemDlies", 1990
edition.
(65) NFPA 253, "Tests tor Critical Radiant Flux of Floor
Covering Systema Using a Radiant Heat Energy
Sourc.", 1990 edition.
5
ORD. NO. 66-92
.
I
(66) NFPA 255, "Tests ot Surtace Burning Characteristics
ot Building Materials"; 1990 edition.
(67) NFPA 664, "Fires and Explosions in Wood Processing
and Woodworking Facilities", 1987 edition.
(68) NFPA 704, "Identification ot Fire Hazards ot Materi-
als", 1990 edition.
(69) NFPA 1123, "Public Display ot Fireworks", 1990
edition.
(70) NFPA 1221, "Installation, Maintenance and Use ot
Public Fire Service Communication Systems" , 1988
edition.
Section 4. That should any section or proviSion ot this
ordinance or any portion thereot, any paragraph, sentence, or word be
declared by a Court ot competent jurisdiction to be invalid,. such
decision shall not affect the validity ot the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinance. or parts ot ordinances in
conflict herewith be and the same are hereby repealed.
Section 6. That this ordinance shall beco_ effective ten
(10) day. from its passage on .econd and final rea~ng. and final
PASSED AND ADOPTED in reqular .ession on second
reading on this the day of . 1991.
.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
. .
.
6
ORC. NO. 66-92
,
I
[ITY DF DELIAY BEA[H
FIRE DEPARTMENT
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: JANUARY 7, 1993
SUBJECT: AMENDMENTS TO SECTION 96-16, CODE OF ORDINANCES
Pursuant to a request by Commissioner Mouw at the December 8,
1992 City Commission meeting we have developed a summary of
changes and assessment of local impact created by proposed
Ordinance 66-92 which is scheduled for second reading on January
12, 1993. Most of the changes to the referenced standards are
editorial in nature; recognize improved and more current
technology; and/or incorporate technical updates and improvements.
Changes in text have been reviewed by the Fire Marshal to
ascertain the level of local impact. Typically, impacts are
minimal on a local level. Exceptions are identified in the
summary.
While the referenced standards are adopted by the State Fire
Marshal as minimum fire safety requirements for the State and its'
political subdivisions, .municipal adoption allows us to more
efficiently administer these regulations through our local code
enforcement process. Again, their adoption is recommended.
V~ ~.\L .
Kerry B. Koen
Fire Chief
KBK/mmh
Attachment: 1
cc: M. Cato, Division Chief
FIRE DEP~RTME~JT HEADQUARTERS. 101 WEST:\TL.:'f\JTIC -'>'jE',uE. 'JCL~AY t3EACH. FLGR!D:\ ,1..1
407 243.7.100. Ft,;< .liii ~.:5 cl'1GO
,
Summary of Impacts and Changes
Referenced Codes and Standards
1. N.F.P.A. 1, Fire Prevention Code, 1987 - Same edition as
previously adopted.
2. N.F.P.A. 10, Portable Fire Extinguishers, 1990 - There will
be no additional impact locally as portable fire
extinguisher dealers are licensed by the State Fire Marshal
and regulated by this edition presently. No changes with
regard to location or spacing.
3. N.F.P.A. 11, Low Expansion Foam and Combined Agent Systems,
1988 - Changes are technical in nature and will have no
impact locally.
4. N.F.P.A. 11A, Medium and High Expansion Foam Systems, 1988 -
No significant changes that would impact locally.
5. N.F.P.A. 12, Carbon Dioxide Extinguisher Systems, 1989 -
Changes are technical in nature and pertain to servicing
requirements and will not otherwise impact the community.
6. N.F.P.A. 12A, Halon 1301 Systems - Revisions apply to
requirements for maintenance and testing to insure no agent
is released into the atmosphere, otherwise there are only
minor technical changes that will not impact locally.
7. N.F.P.A. 12B, Halon 1211, 1990 - Changes same as for Halon
130l.
8. N.F.P.A. 13, Installation of Sprinkler Systems, 1989 -
Changes are technical in nature and have no significant
impact locally. T~e new edition recognizes advancements in
industry technology.
9. N. F. P. A. 13D, Installation of Sprinklers in One and Two
Family Dwellings, 1989 - Changes are minor and technical in
nature and will have no impact locally.
10. N.F.P.A. 13R, Installation of Sprinkler Systems in
Residential Occupancies, 1989 - This is a new standard that
allows lower cost sprinkler systems in residential
occupancies up to four stories in height.
11. N.F.P.A. 14, ,Installation of Standpipes and Hose Systems,
1990 - Changes are only technical in nature and have no
significant impact locally.
-1-
.,
,
12. N.F.P.A. 15, Water Spray Fixed Systems, 1990 - No changes
indicated.
13. N.F.P.A. 16, Installation of Deluge Foam Water Sprinkler and
Foam Water Spray Systems, 1991 - Changes are only technical
in nature and will have no impact locally.
14. N.F.P.A. 17, Dry Chemical Extinguishing Systems, 1990 -
Changes for maintenance are regulated by the Division of
State Fire Marshal with no additional effect locally. Other
changes allow greater design flexibility through the use of
new technology.
15. N.F.P.A. 17A, Wet Chemical Extinguishing Systems, 1990 -
Changes are technical in nature and will have no significant
impact locally.
16. N.F.P.A. 20, Installation of Centrifrugal Fire Pumps, 1990 -
Changes are minor and technical in nature. Changes will
have no significant impact locally.
17. N.F.P.A. 22, Water Tanks for Fire Protection, 1987 - Same
edition as previously adopted.
18. N.F.P.A. 26, Supervision of Valves Controlling Water
Supplies, 1988 - No changes are indicated in this update.
19. N.F.P.A. 30, Flammable and Combustible Liquids Code, 1990 -
Changes are consistent with recent environmental regulations
for containment, overfill prevention, spill or leak control.
Other minor changes will have no significant impact. The
use of approved above ground tanks is facilitated by this
edition.
20. N.F.P.A. 31, Installation of Oil Burning Equipment 1987 -
Same edition as previously adopted.
..
21. N.F.P.A. 32, Dry Cleaning Plants 1990 - No changes indicated
over previous edition.
22. N.F.P.A. 33, Spray Application Using Flammable and
Combustible Materials, 1989 - Changes are technical in
nature and will not have significant local impact.
23. N.F.P.A. 34, Dipping and Coating Process Using Flammable and
Combustible Materials, 1989 - Only minor technical changes
that have no significant impact locally.
24. N.F.P.A. 35, Aanufacturing of Organic Coatings, 1987 - Same
Edition as previously adopted.
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25. N.F.P.A. 40, storage and Handling of Cellulose Nitrate
Motion Picture Film, 1988 - Changes are editorial, updating
referenced technical publications. No significant impact
locally.
26. N.F.P.A. 40E, Storage of Pyroxylin Plastic, 1986 - Same
Edition as previously adopted.
27. N.F.P.A. 43A, Storage of Liquid and Solid Oxidizing
Materials, 1990 - No changes noted over previous edition.
28. N.F.P.A. 43B, Organic Peroxide Formulations, Storage of,
1986 - Same edition as previously adopted.
29. N.F.P.A. 43C, Storage of Gaseous Oxidizing Materials, 1986 -
Same edition as previously adopted.
30. N.F.P.A. 430, Storage of Pesticides in Portable Containers,
1986 - Same edition as previously adopted.
31- N.F.P.A. 45, Fire Protection for Laboratories Using
Chemicals, 1986 - Same edition as previously adopted.
32. N.F.P.A. 46~ Storage of Forest Products, 1990 - No technical
changes noted. Editorial updates only are included in new
edition.
33. N.F.P.A. 51, Design and Installation of Oxygen-Fuel Gas
Systems for Welding, Cutting and Allied Process, 1987 - Same
edition as previously adopted.
34. N.F.P.A. 51A, Acetylene Cylinder Charging Plants, 1989 - No
changes noted over previous edition.
35. N.F.P.A. 51B, Cutting and Welding Process, 1989 - Changes
are limited to appendix updates to reference recent fires
caused by cutting and welding operations.
36. N.F.P.A. 54, National Fuel Gas Code, 1988 - Changes are to
allow the use of updated technology, new products, and
materials testing. The standard requires the protection and
separation of aerosol sprays from other products when they
are of a flammable or corrosive nature. Other technical
changes have no significant impact locally.
37. N.F.P.A. 58, Storage and Handling of Liquified Petroleum
Gases, 1989 - No significant additional impact locally as
L.P. Gas is regulated by the Division of State Fire Marshal
which has already adopted this edition on a statewide basis.
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38. N.F.P.A. 71, Installation, Maintenance, and Use of Central
Station Signaling Systems, 1989 - Adopted by State Fire
Marshal as a Uniform Standard. Cities cannot exceed or
lessen these standards, therefore there is no additional
local impact.
39. N.F.P.A. 72, Local Protective Signaling Systems, 1990 -
Uniform Standard. See No. 38.
40. N.F.P.A. 72E, Automatic Fire Detectors, 1990 - Uniform
Standard. See No. 38.
41. N.F.P.A. 72G, Use of Appliances for Protective Signalling,
1989 - Uniform Standard. See No. 38.
42. N.F.P.A. 74, Household Fire Warning Equipment, 1989 -
Uniform Standard. See No. 38.
43. N.F.P.A. 75, Protection of Electronic Computer/Data
Processing Equipment, 1989 - Limits interior finish in
construction of computer rooms; requires training of
personnel in the functioning of fire detection equipment,
response to alarms and location of emergency equipment and
extinguishers as well as knowledge of fire protection
systems.
44. N.F.P.A. 80, Fire Doors and Windows, 1990 - Allows for use
of additional (labeled) glazing materials; requires an
operational test of the installation of a fire door;
clarifies requirements for labels for panic hardware, fire
door hardware and exit hardware; adds additional
requirements for installing horizontally sliding fire doors;
adds performance standards for closing speeds for automatic
closing fire doors; adds standards for installation of
glazing materials; requires testing annually of all sliding
and rolling fire doors to assure full closure with a written
record of testing to be maintained and available to the
authority having jurisdiction.
45. N.F.P.A. 82, Incinerators, Waste and Linen Handling Systems
and Equipment, 1990 - Technical changes designed to address
new technology and applies only to new installations which
should have little impact locally.
46. N.F.P.A. 88A, Parking Structures, 1985 - Same as previously
adopted edition.
47. N.F.P.A. 88B, . Repair Garages, 1985 - Same as previously
adopted edition.
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48. N.F.P.A. 90A, Installation of Air Conditioning and
Ventilating Systems, 1989 - No changes noted over previous
edition.
49. N.F.P.A. 90B, Installation of Warm Air Heating and Air
Conditioning, 1989 - Changes are of a technical nature that
have no significant local impact.
50. N.F.P.A. 91, Installation of Blower and Exhaust Systems for
Dust, Stock and Vapor Removal or Conveying, 1990 - Changes
allow for the reduction of minimum clearances due to
recently approved construction methods.
51. N.F.P.A. 96, Installation of Equipment for the Removal of
Smoke and Grease-Laden Vapors from Commercial Cooking
Equipment, 1991 - Changes allow for the reduction of
clearances due to recently approved methods; more
flexibility for duct terminations; and greater flexibility
in design applications. These changes should facilitate
installation objectives.
52. N.F.P.A. 99, Health Care Facilities, 1990 - Changes include
the requirements for master alarm systems to monitor
compressed gases to minimize potential hazards to patients
from flammable and nonflammable medical gas systems. Other
technical changes have no significant impact locally.
53. N.F.P.A. 101, Life Safety Code, 1988 - This standard only
effects occupancies such as non-food service assembly uses,
private schools, dormitories, apartments, mercantile,
business, storage and industrial. Changes include a revised
height for handrails; establishes a base minimum number of
exit paths; defines more stringent interior finish
requirements when textiles are applied to walls and
ceilings; establishes new size limits for balconies or
mezzanines in a$sembly occupancies; creates a new,
simplified method of calculating seating and aisles for
assembly occupancies; and clarifies requirements for
automatic sprinklers in assembly occupancies. Overall, the
standard provides more flexibility in design of new
buildings.
54. N.F.P.A. 102, Assembly Seating Tents and Membrane
Structures, 1986 - Same as previously adopted edition.
55. N.F.P.A. 110, Standard for Emergency Standby Power Systems,
1988 - Minor technical changes have no significant impact.
56. N.F.P.A. 204M, Smoke and Heat Venting, 1985 - Same as
previously adopted edition.
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57. N.F.P.A. 211, Chimneys, Fireplaces, Vents and Solid Fuel
Burning Appliances, 1988 - Provides for the reduction in
clearances due to recently approved methods of construction.
58. N.F.P.A. 220, Types of Building Construction, 1985 - Same as
previously adopted edition.
59. N.F.P.A. 231, General Storage, 1990 - Recognizes recent
advancements in "Fast Response" and "Large Drop" sprinkler
technology.
60. N.F.P.A. 231C, Rack Storage of Materials, 1991 - Recognizes
recent advancements in sprinkler technology similar to No.
59.
61. N.F.P.A. 2310, Storage of Rubber Tires, 1989 - Changes apply
to quantities of 10,000 or more tires and limits width and
height of piling of tires under those circumstances.
62. N.F.P.A. 241, Fire Tests of Building Construction and
Materials, 1989 - Provides for specific construction
safeguards during roofing operations involving heat sources
and hot roofing processes. Provides new safeguards for
underground construction operations.
63. N.F.P.A. 252, Fire Tests of Door Assemblies, 1990 -
Technical changes have no impact locally.
64. N.F.P.A. 253, Tests for Critical Radiant Flux of Floor
Covering Systems Using Radiant Heat Energy, 1990 - Technical
changes have no impact locally.
65. N.F.P.A. 255, Tests of Surface Burning Characteristics of
Building Materials, 1990 - Technical changes have no impact
locally.
66. N.F.P.A. 664, Fires and Explosions in Wood Processing and
Woodworking Facilities, 1990 - Minor changes have no
significant impact locally.
67. N.F.P.A. 704, Identification of Fire Hazards of Materials,
1990 - Technical changes have no significant impact as most
required markings relate to transport companies/systems.
68. N.F.P.A. 1123, Public Display of Fireworks, 1990 - Adopts
current practices which have been applied to fireworks
displays for the past two years in Palm Beach County.
69. N.F.P.A. 1221,- Public Fire Service Communication Systems,
1988 - Technical changes which have no significant impact on
our Fire-Police Communications Center.
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~CITY MANAGER .
FROM:
SUBJECT: AGENDA ITEM it ICB - MEETING OF JANUARY 12. 1993
ORDINANCE NO. 67-92
DATE: January 8, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by repealing and enacting a new Subsection
4.6.7(C)(5), "Banners and Wind Signs" to provide for the prohibition
of banner signs and signs consisting of .flags, pennants, ribbons,
spinners, streamers, or balloons; and, enacting a new Subsection
4.6.7.(E)(8), "Flags" to provide for limiting the number and maximum
size of flags on anyone parcel of land, prohibiting the placement of
flags within the right-of-way and to provide for the placement of
flags during specific national holidays.
At the December 16th Special Meeting, several items of concern where
discussed with regard to this proposed ordinance. Staff met to
address those concerns and comments, some of which have been
incorporated into the ordinance before you for final action.
The Planning and Zoning Board will formally review this item at their
January 11th meeting. Their recommendation will be presented at
Tuesday evenings meeting.
Recommend consideration of Ordinance No. 67-92 on second and final
reading, subject to the Planning and Zoning Board's recommendation.
.
,
f(
tl- 1
COM MIS S ION DOC U MEN TAT ION
,
TO: DAVID T. HARDEN, CITY MANAGER
d J JfUDcA
FROM: DA D J. KOVA S, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 12, 1993
ORDINANCE 67-92, SIGN CODE AMENDMENT RE FLAGS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of this proposed ordinance on second and final
reading.
The ordinance amends that portion of the sign code which
deals with the flying of flags.
BACKGROUND:
This ordinance received first reading on December 15th at a
special meeting. At that time several items were raised by
Commissioners. A few additional items were raised through staff
review prior to review by the Planning and Zoning Board. Please
refer to their staff report (attached) for a complete analysis
of the subject.
The Director of Community Improvement, Director of Planning, and
the City Attorney (and staff) met to address the concerns of the
Commissioners and the review comments. The Attorney's Office
may work on revising the proposed ordinance. If it is
determined that the nature of the changes so warrant, it would
be appropriate to reject the ordinance as presently written and
receive a newly drafted ordinance for first reading
consideration on January 26th.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of Monday, January 11th. Their recommendation will
be presented at the public hearing.
RECOMMENDED ACTION:
Pending consideration by the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of January 11, 1993
'.
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
REV I SED o N JANUARY 8, 1 9 9 3
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LOR TEXT AMENDMENT RE BANNER SIGNS AND FLAGS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The changes contemplated in this
proposed ordinance include:
* deletion of existing provisions pertaining to "Banner
Signs and Flags";
* addition of new provisions pertaining to "Banners and
Wind Signs";
* deletion of requirement that each allowed flag (three
per property) be of different content;
* requirements for a special $10 permit for flags which
are greater than three sq. ft. in area;
* exception for the Fourth of July holiday.
BACKGROUND:
This item was taken before the City CommiSSion, in the form of
proposed Ordinance No. 67-92, for first reading on December 8,
1992. There was considerable discussion which included comments
.
about:
* whether or not the three square foot size for determining
if a permit is required is appropriate, some thought the size
should be greater;
-- in consideration of this item the Director of
Community Improvement, the Planning Director, and the City
Attorney suggest that twelve (12) square feet be the size
at which permitting (and permit fees) applies.
* since a greater number of flags are allowed on a larger
parcel (e.g. 29 . flags on a ten acre parcel), might not the
regulation be abused? One method of further regulation would be
to have minimum spacing requirements; on-the-other-hand, flags
are often displayed in a cluster;
.
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Banner Signs & Flags
Page 2
-- it is suggested that individual flags, when more than
three are flown, not be less than 150' from one another
except for one cluster of three flags. A cluster would be
two or more flags within 150 feet of one another.
* would other than national, state, and municipal flags be
allowed i.e. corporate logos, etc?
-- the answer is yes; however, a flag with business
identification information could be considered as a
free-standing sign and, thus, would take up the allotment
for such signing.
TEXT CHANGES:
DELETION of existing Section 4.6.7(C)(5):
4.6.7(C) Prohibited Siqns: The following signs, or sign
features, are prohibited within the City of Delray Beach;
however, exceptions as noted herein are allowed. It shall
be unlawful for any persons to erect prohibited signs or
~~e use prohibited sign features.
THE FOLLOWING SUB-SECTION IS TO BE DELETED
(5) Banner Siqns and Flags: Being a sign having the
characters, letters, illustrations, or ornamentations
applied to cloth, paper, or fabric or any kind with only
the material for a backing including any animated or
fluttering devicd designed to attract attention; except for
two flag banners per residential development at times the
model home or model apartments l~ ~ open for inspection;
or except the flying of no more than three (3) flags, of
which one must be different from the other two, and such
flags may only consist of the United States flag, a flag of
another nation, a United States State's flag, or a
municipal flag; or except for the flags of service and
civic clubs when displayed at respective meeting sites
during meeting hours; and provided that flag banners shall
be limited to an area of fifteen square feet per flag
except for temporary banners flown in conjunction with
Special Events as provided for in Section 4.6.7(D)(3)(1).
.
.
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Banner Signs & Flags
Page 3
ADDITION OF A NEW SECTION 4.6.7(C)(5):
(5) Banners and Wind Siqns: NOTE: These are prohibited.
(a) Banners: A sign consisting of characters,
letters, illustrations or ornamentations attached
to cloth, paper, or fabric backing.
(b) Wind Siqns: Signs, consisting of one or more
banners, pennants, ribbons, spinners, streamers,
or captive balloons, or other objects or material
fastened in such a manner as to move upon being
subjected to pressure by wind.
ADDITION OF A NEW SECTION 4.6.7(E)(8): NOTE: Section (E)
pertains to sign design standards and the types of signs to
which they apply.
(8 ) Flaqs:
(a) Number: No more than three (3) flags may be
displayed on anyone parcel of land, unless the
property/lot size is larger than one (1) acre,
wherein (whereon) one flag per 15,000 square feet
of property may be displayed, as long as it does
not impair visibility or create a site (sight)
problem with regards (regard) to pedestrian or
vehicular access.
(b) Prohibited in riqhts-of-way: Flags may not be
placed in any public right-of-way within the City
limits. Public rights-of-way include sidewalks,
swales, and alleys.
.
(c) The provisions of this subsection relating to the
number of flags shall not apply from July 3rd to
5th.
(d) For flags greater than three (3) square feet in
area, the owner of property shall obtain a permit
prior to installing each flag. The cost of each
flag permit shall be $10.00.
ANALYSIS:
First, it is noted that the caption of Ordinance No. 67-92 has
errors in line nine, use of the word "flags"; and line 13, use
of the phrase "the maximum size of flags".
,
.
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Banner Signs & Flags
Page 4
Second, it would be more appropriate to include the new
sub-section which deals exclusively with "flags" under Section
4.6.7(D)(3) Special Purpose Signs and Siqning.
Third, by deleting 4.6.7(D)(S), as written, the accommodation of
two (2) banners (flags) for model homes/apartments is removed
from the LDRs. Consideration should be given to retaining such
signing. I do note that "real estate sales" signing and "for
lease/rent" signing is still allowed.
Fourth, with respect to the "flag" criteria the following
comments are provided:
1- Under the "number' provision, the inclusion of information
pertaining to sight distance is not appropriate. The sight
distance consideration should be handled separately i.e. in
a separate sub-section.
2. The provision dealing with not being located within the
public right-of-way does not appear necessary since any
item placed within the right-Of-way is subject to
permitting through the City Engineer and there is no
provision for use of the public right-of-way for such
private purpose. Also, from time-to-time, the City does
allow flags to be flown within rightS-Of-way; thus,
including the suggested prohibition in the LDRs may present
further problems in equitable enforcement.
3. The provision dealing with the permit fee of $10 for flags
exceeding 3 sq. ft. should be rewritten to insure that
permits are obtaiped for flag poles (as structures). Also,
the permit fee should be the same as for any other sign
application (currently $15) . It is suggested that flags
less than 3 sq. ft. (or greater area as discussed above)
be exempt from paying a permit fee; and, current practice
be followed for a sign permit application for flags.
RECOMMENDED ACTION:
Take this matter under advisement, at a minimum, provide
recommendations to:
1- Add the provIsions for "flags" to Section 4.6.7(0)(3).
2. Use the standard sign application fee (1.e. no special
language is needed) but allow a zero fee for flags less
than twelve square feet in area.
I
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Banner Signs & Flags
Page 5
3. 00 not add a specific restriction pertaining to placement
in right-of-way (note that such placements are not allowed
except under permit of the City Engineer). If this subject
is to be addressed anywhere in the LDRs it should be in
Section 6.3. 1-
4. In addition to any specific standards for flags, a general
statement of compliance with sight distance standards,
building permits for flag poles, and compliance with
height, size, and other applicable provisions which pertain
to free-standing signs should be made.
s. Accommodation for two pennants, flags, or banners for
subdivision model homes and apartments should be made.
Attachments:
* Oraft of proposed Ordinance with cover memo from Assistant
City Attorney Tolces
Report prepared by. Q~~\.)Qc.\
Initial report on Oecember 23, 1992 -
Revised report on January 8, 1993.
OJK/PZFLAGS.DOC
.
.
'I
. CITY ~TTGRNEY'S OFFICE TEL No. a07 278 4(5~ Dee 10.92 15:33 F.U2
I
! [ITY DF DElAA' IEAEN "
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.
!
CITY ATTORNEY'S OFFICE zoo NW 111 ^VENUE . Df.LltAY BEACH. flORIDA 3,...
MCSIMJU 407l27,..7SS W.~__.'. D~.... ~&n.
(407) 243-70JO
MJ:MORANOUM
Datea December 10, 1992
To: City Commission
Froll: David H. Tolc8S, As.1st~nt City Attorne~~
subjeetl Proposed Ordinance Amendin9 Section 4.6.7(C)(5)
"Banners and Wind SiGns, and 4.6.7 (Elf 8) "FlaG'"
The attached ordinance amendl Sectlon 4.6.7(C)(5), "BaMer
Signs and Flagl". The exi.ting ordinance a1eo prohibits "wind
81gna", however, the amendment rellove. fla9' trOll this lection
of the ordlnanc.. .
Th. regulation of flag. will now be placed in Section
4.6.7(8)(8) . The proposed ordinance will allow for three
flag., of any type, to be flown at all time. on parcel. l.ss
than o~cre. On parcels greater than one acre, one flag for
each 015,000 square feet'would be peraitted. Flag. may not b.
placed 1n right.-ot-way, and if the flag siz. i& 9reater than 3
square feet, a $10 pe~lt IIUSt be obtained.
.
One exception to the ordlnance 1s 1ncluded for Independence
Day. One day prior to July 4th and one day after, property
owner. may fly a. ..ny flag. a. desire. They mUlt still submit
the required pera~t f...
Thi. orcSlnance replace. previous code provision. which are
presently being challenged. This offlce believe. that the
proposed ordinance would likely w1thatand a constitutional
challenge. we. therefore suggest adoption of this ordinance on
first reading with second reading on January 12, 1993.
Plea.. call if you have any questiona.
DNT:ah
eel Dav1d Harden, City Manager
Cheryl Leverett, Agenda Coordinator
Lula Butler, Director of Community Improvement
<p/~
"
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 08.93 17:10 P.02
ORDINANCE NO. 67-92
AN ORDINANCE OF THE CITY COMMISSION or THE CITY OF
DELaAY BEACH, FLORIDA AMENDING SECTION 4.6.7 "SIGNS"
OF' TH! LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DBLRAY BEACH BY REPEALING
SUB-SUBSECTION 4.e.7(C)(5) "BANNER SIGNS AIm FLAGS"
AND ENACTING A N!W Sua-SUBSECTION 4.5.7(C)(5),
"BANNERS AND WIND SIGHS" TO PROVIDE FOR THE PRO-
HIBITION OF BANlfBR SIGNS AND SIGNS CONSISTING OF
PENNANTS, RIBBONS, SPIDERS, STREAMERS, OR BALLOONSJ
BY ENACTING A NEW SUB-SUBSECTION 4.6.7(1)(8),
"FLAGS", TO. PROVIDE FOR LIMITING TH& NUMBER OF FLAGS
ON ANY ONB PARCBL OF. LAND TO THREE FLAGS, PR6-
HIBITING THB PLACEMENT OF FLAGS WITKIN PUBLIC
RIGHTS-OP-WAY AND TO PROVIDE FOR THE PLACEMENT OF
FLAGS DURING SPECIFIC NATIONAL HOLIDAYSI PROVIDING A
REP!ALER CLAUSE; PROVIDING A SAVIN:GS' CLAUSE;
PROVIDING AN EFFECTIVB DATE. ---
WHEREAS, '"""the City of Delray Beach has invested millions of
dollars in installing and maintaining streetscaping and landscaping
along the ~ublic rights-of-way within Delray Beach; and,
WHEREAS, the City of Delray Beach is in the process of imple-
mentin9 its Decade of Excellence Bond program which will prov1de addi-
tional funding of drainage, pavinq, and beautification of rights-of-way
within Delray Beach; aftd,
WHIRBAS, the City CommiSSion of the City of Delray Beach has
maintaine<l a strict Sign code for a number of years, specifically
regulating the u.. of flags, banners, streamers, and balloons; and,
WHEREAS, the City Commi.sion ot the City of Oelray Beach is
desirou. of provic1ln9 lafe traffic areas for pedestrians, bicyclists,
and motor vehlcles, and,
WHEREAS, the City Commis.ion of the City of Oelray Beach
wishes to improve the aesthetics of commercial and residential
properties inclUding the City' 8 rights-of-way within the city limits,
and,
WHEREAS, the City Coaunission finds that flags, banners,
streamers, balloons, and other types of "wind signs", are signs within
the meaning of the City of Delray Beach Code of Ordinance.; and,
WHEREAS, the us. of banners, streamers, other types of "wind
signs", and balloons 48 signs is illegal in Delray Beach and damages the
,
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 08.93 17:10 P.03
aesthetic quality of our residential and commerc1al zoned neighborhoods;
and,
WHEREAS, the City Comm1ss1on tinds that the proliferation of
f lags on commercial and residential propert1es damage. the ae.thetic
quallty of our residential and commercially zoned neighborhoods; and
WHEREAS, the city COIIIRlss10n ot the Clty of Oelray Beach
I believe. that improving the ae.thetics of Oelray Beach's residential and
conunercial neighborhood. will improve the quality of life tor the
I citizens ot Delray Beach.
NOW, THEREFORB, BB IT ORDAINEO BY THB CITY COMMJSSION OF THE
,
I CITY OF OE~RAY BEACH, FLORIDA, AS FOLLOWS; I
Section 1. That Article 4.6, "Supplemental Di8trict
,
Regulations" , section 4.6. 7 , "S19n." , SUbsection 4.6.7(C), "Prohibited
signs", Sub-subsection 4.5.7(C)(5), "Banner S1gn. and Flags" of the Land
Development Regulations of the Code of Ordinances of the C1ty of Delray
Beach, Florid.a, 1s hereby repealed, and a ne.- Sub-subs.ction
4.6.7(C)(5), "Banner. and Wlnd Signs" ot the Land Development
Regulation. ot the Code ot ordinance. ot the Clty of Oelray Beach, 1s
hereby enacted to read as follows:
4.CL1(C)(S) Banners and Wind Siana.
(a) Banners - A siqn con.1.t1ng of characters, letters,
illustrations or ornamentations attached to cloth, paper, or fabric
backing. ,
(b) Wind Siqns - S1gn., cons1sting of on. or more banners,
pennants, ribbons, spinners, streamers, or captive balloons, or
other object. or mater1al fastened in such a manner as to move upon
being subjected to pressure by wind.
Section 2. That Subsection 4.6.7 (E), nSign DeSign standards",
of the Land Development Regulations ot the Code of Ordinances of the
City of Oelray BeaCh, Florid.a, be, and the same 18 amended by enacting a
new Sub-subsect1on 4.6.1(E)(8), "Flags", to read as follows:
4.6.7(E)(8) Flaq8.
.
(~) Number - No more than three flags may be displayed on any
one parcel ot land, unless the property/lot size 18 larger than one
acre, wherein one flag per 15,000 square feet of property may be
di.played, as long a. it does not impair ViSibility or create a
sight distance problem with regards to pedestrian or vehicular
acces..
2 ORD. NO. 67-92
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 08.93 17:11 P.O-l
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(b) Prohibited in rights-of-way - Flags may not be place~ 1n
any public right-at-way within the City limits. Public rights-of-
way include sidewalks, swales, and alleys.
(C) The provisions at this subsection relating to the number
of flags shall not apply from July 3rd to 5th.
(d) For tlags greater than three (3) squarer.et in area, the
I owner of property shall obtain a permit prior to installing each
i flag. The cost of each flag permit shall be $10.00.
,
Section 3. That all ordinances or parts of ordinances which
I are in conflict herewith are hereby repealed.
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I Section 4. That ahould section provi81on of th1s
any or
ordinance or any portion thereof, any paragraph, sentenc,e, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to~ invalid.
Sect10n ~. That this ordinance shall become effective immed1-
ately upon its passaqe on second and final reading; prOVided, however
that the City's formal enforcement measures shall not begin tor a period
of sixty (~O) days.
PASSED AND ADOPTED in regular session on second and tinal
reading on this the day of , 199 - .
.. MAYOR
ATTEST;
City Clerk
First Reading
Second Reading
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3 ORO. NO. 67-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
.
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM i \~ - MEETING OF JANUARY 12. 1993
ORDINANCE NO. 1-93
DATE: January 8, 1993
This is the first reading of an ordinance rezoning and placing land
presently zoned RL (Multiple Family Residential - Low Density)
district in CF (Community Facilities) district; said land being a
portion of Abbey Delray South, Parcels W and X, located east of
Homewood Boulevard, on the south side of Linton Boulevard.
The Planning and Zoning Board at their December 14th meeting
recommended approval of the rezoning.
Recommend approval of Ordinance No. 1-93 on first reading.
I
ORDINANCE NO. 1-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RL (MULTIPLE FAMILY RESIDENTIAL - LOW
DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING A PORTION OF ABBEY DELRAY
SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District as defined in Chapter Four of the Land
Development Regulations of the City of Delray Beach, Florida, to-wit:
A Replat of Parcels ltw. and "X. and portions of Parcel
"V" I as recorded in Plat Book 42, Pages 121 through 123,
inclusive, of the Public Records of Palm Beach County,
Florida; being a Replat of the Plat of Abbey Delray
South as recorded in Plat Book 41, Page. 96 through 98,
inclusive, of the Public Records of Palm Beach County,
Florida.
The subject property is located on the south side of
Linton Boulevard, qetween Homewood Boulevard and the E-4
Canal.
The above-described parcel contains 12.38 acres of land,
more or less.
Section 2. That the Planning Director of said City shall. upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared Q.y a court of competent jurisdiction to be invalid. such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5 That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day of
, 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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1-1
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C I T Y COM MIS S ION o 0 CUM E N TAT ION
TO: T. HARDEN, CITY MANAGER
THRU: IO J. KOV~U~R
OEPARTMENT OF PLANNING AND ZONING
FROM: JEFF PERKINS, PLANNING TECHNICIAN I f
SUBJECT: MEETING OF JANUARY 12, 1993
APPROVAL ON FIRST REAOING OF A REZONING OF PARCELS "W"
ANO "X" OF ABBEY DELRAY SOUTH FROM RL TO CF
ACTION REQUESTEO OF THE COMMISSION:
The action requested of the City Commission is approval of
a rezoning request from RL (Multiple Family Residential -
Low Oensity) to CF (Community Facilities).
The subject property is Parcels "W" and "X" of Abbey De1ray
South, a Continuing Care Facility and Nursing Home with a
total area of approximately 30 acres. It is located east
of Homewood Boulevard, on the south side of Linton
Boulevard.
BACKGROUND:
Abbey Delray South is a life care retirement community,
consisting of three components:
* a 248 unit continuing care facility on 16.5 acres;
* a 60 bed nursing home on 1.5 acres; and
* 40 villas with individually platted lots on 12.4 acres.
In October 1990, the continuing care and nursing home facilities
were rezoned to PRD (Planned Residential Development), and the
villas to RL (Residential-Low Density), as part of the Citywide
rezoning and adoption of the Land Development Regulations.
In November of this year, the City initiated a rezoning of
Parcels "U" and "V" of Abbey De1ray South from PRD to CF. These
parcels contain the multi-family and nursing home portions of
the facility. This rezoning was initiated to correct a
non-conforming situation created by changes to the PRD zoning
regulations, and to allow for an expansion of the facility. The
.
I
P & Z Staff Report
Abbey Oelray South Rezoning From RL to CF
Page 2
rezoning was approved by the City Commission on second reading
at its meeting of November 17, 1992. At that time staff
suggested that the remaining portion of the site containing the
villas be rezoned to CF as well, since continuing care is not a
permitted use in the RL zoning district. In addition, the
owners have indicated a desire to have a single zoning
designation apply to the entire site. The attached Planning and
Zoning staff report contains an analysis of the proposed
rezoning.
PLANNING ANO ZONING BOARD CONSIOERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of Oecember 14, 1992. At that time, the Board
unanimously recommended the rezoning request for parcels "W" and
"X" of Abbey Delray South from RL to CF.
RECOMMENDEO ACTION:
By motion, approve on first reading the rezoning request for
parcels "W" and "X" of Abbey Oelray South from RL (Multiple
Family Residential -Low Density) to CF (Community Facilities).
Attachment:
* P&Z Staff Report
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PLANNING & ZONL JG BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: December 14, 1992
AGENDA ITEM: IILA.
ITEM: Rezoning, Portion of Abbey Delray (South of Linton, East of Homewood) from RL to CF
GENERAL DATA:
OWner. . . . . . . . . . . . . . . . . . , . Palm Beach County
Health Facilities
Author! ty .
Agent................... . David C. Harden
City Manager
Location.................Southeast corner of
Linton Boulevard and
Homewood Boulevard.
Property Size............12.38 Acres
City Land Use Plan.......Residential - Low
Density
Existing Zoning..........RL (Multiple Family
Residential - Low
Density)
Proposed Zoning..........CF (Community Facilities)
Adjacent Zoning...North: RM (Mdltiple Family
Residential - Medium
Density) and CF
East: RM and CF
South: R-lAA (Single Family
Residential) and CF
West: RL and CF
Existing Land Use........Continuing care facility.
Proposed Improvement...,.None.
Water Service............Existing on site.
Sewer Service............Existing on site.
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I T E M B E FOR E THE BOA R D:
The action before the Board is making a recommendation on a
rezoning request from RL (Multiple Family Residential - Low
Density) to CF (Community Facilities).
The subject property is Parcels "W" and "X" of Abbey Delray
South, a Continuing Care Facility and Nursing Home with a total
area of approximately 30 acres. It is located east of Homewood
Boulevard, on the south side of Linton Boulevard.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall
review and make a recommendation to the City Commission with
respect to rezoning of any property within the City.
B A C K G R 0 U N D:
At its meeting of October 8, 1979, the City Commission approved,
pursuant to PRD-10 zoning, a conditional use request and site
and development plans for Abbey Delray South. The approval
allowed a Life Care Retirement Community. The development
consists of three components:
* a 248 unit continuing care facility on 16.5 acres;
* a 60 bed nursing home on 1.5 acres; and
* 40 villas with individually platted lots on 12.4 acres.
In October 1990, the continuing care and nursing home facilities
were rezoned to PRD (Planned Residential Development), and the
villas to RL (Residential-Low Density), as part of the Citywide
rezoning and adoption of the Land Development Regulations.
Project Oescription: .
The owner of record is the Palm Beach County Health Care
Facilities Authority, which issued bonds to finance construction
of the project. The project is operated by Life Care Services
Corporation, a non-profit corporation based in Des Moines, Iowa.
Abbey Delray South is considered a Continuing Care Retirement
Community, and is regulated by the Florida Department of
Insurance. Residents of the facility contribute an endowment,
and pay a monthly service charge. These payments assure them a
living unit in the facility and care at the nursing home, if
necessary. Residents of the villas do not own the units which
they occupy. .
In November of this year, the City initiated a rezoning of
Parcels "U" and "V" of Abbey Delray South from RM (Multiple
family Residential - Medium Density) to CF, The rezoning was
approved by the City Commission on second reading at its meeting
of November 17, 1992. At that time staff suggested that the
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P & Z Staff Report
Abbey De1ray South Rezoning From RL to CF
Page 2
remaining portion of the site containing be rezoned to CF as
well.
The 40 villas on individually platted lots are currently in the
RL zoning designation. Continuing care facilities are not
permitted in the RL zone. These villas could be considered as
single family units, which are permitted. However, since
residents of the villas receive the same services and care as
the residents of the "multi-family" units, the villas are most
appropriately considered as a part of the overall continuing
care facility. In addition, the owners have indicated a desire
to have a single zoning designation apply to the entire site.
Z 0 N I N G A N A L Y S I S:
REQUIREO FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Finding8 shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The current Future Land Use designation for the subject
property is Low Density (0-5 units per acre) Residential.
The requested zoning change is from RL (Multiple Family
Residential - Low Oensity) to CF (Community Facilities).
The proposed zorting designation of CF is consistent with
the current Future Land Use designation. The existing
continuing care facility on parcels "W" and "X" is
permitted as a conditional use in the CF zoning district.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
As the site is currently developed, and the rezoning is
corrective -in nature, no additional demand for service
capacity will be generated by this action. No future
development of Parcels "W" or "X" is proposed.
ConSistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning Actions) along
with required findings in Section 2.4,5(0)(5) (Rezoning
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P & Z Staff Report
Abbey De1ray South Rezoning From RL to CF
Page 3
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policiel found
in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
This rezoning petition is in a neighborhood which is
designated as a stable residential area. As the rezoning is
corrective, to accommodate existing uses, and the proposed
rezoning is to CF, a positive finding can be made.
0) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is currently zoned RL (Multiple Family
Residential - Low Density). The prop~rty is adjacent to
land zoned RL (Residential Multiple Family), CF (Community
Facilities), RM (Multiple Family Residential - Medium
Density) and R-1AA (Single Family Residential). The
surrounding land uses are single family residences,
mul tip1e family rentals and condominiums and Parcels "U"
and "V" of Abbey Delray South. The zoning change will
reflect existing conditions and will not affect the
compatibility of the property with adjacent uses.
Section 2.4.5(D)(5) (Rezoninq Findings):
.
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasonl for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
I
P & Z Staff Report
Abbey Delray South Rezoning From RL to CF
Page 4
The applicable reason is "a," pursuant to the following:
The zoning of Parcels "W" and "X," was changed to RL in
1990. The existing land use on the parcel was rendered
non-conforming by the change. As the intention of the
change was not to phase out the existing continuing care
facility, the application of the RL designation to this
property was inappropriate.
LDR Compliance:
Section 4.3.4 (Development Standards Matrix):
Parcels "X" and "W" are subdivided into individual lots for each
villa unit. While these individual lots do not meet CF district
setback requirements, the deficiencies are interior to the site
only. Considered as a whole, parcel"W" and parcel "X" each meet
CF district requirements for minimum lot size, lot width, lot
depth, lot frontage, lot coverage, density, height and setbacks.
Section 4.6.4 Special District Boundary Treatment:
Per Section 4.6.4(E), parcels zoned CF adjacent must provide
either a 15' landscaped area, or a 10' landscaped area with
either a 4 1/2' continuous hedge or a 6 ' solid masonry wall at
the property line.
Parcel "W" of Abbey De1ray South is adjacent to the Crosswinds
development along the wes t property line. Abbey Delray South
currently provides a 6 ' shadowbox wood fence and a sodded area
in excess of 15' where its property line is adjacent to the
Crosswinds. This buffer area between the two developments meets
the above requirements. Therefore, a positive finding can be
made.
.
REV I E W B Y o THE R S:
The rezoning is not in a geographic area requiring review by
either the HPB (Historic Preservation Board) , DOA (Downtown
Oevelopment Authority) or the CRA (Community Redevelopment
Agency) .
Neiqhborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to each of the property owners of record.
Courtesy notices have been sent to:
* Tom Fleming, President * Dorothy Alport, President
Andover Homeowners Association; Southwinds of Crosswinds;
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P & Z Staff Report
Abbey Delray South Rezoning From RL to CF
Page 5
* Lillian Feldman * Jacob Friedly
Pines of Delray Homeowners; Pines of Delray West; and
* Jim Goggin, President
Shadywoods Homeowners
who have requested notification of petitions in that area.
Letters of objection, if any, will be presented at the P & Z
Board meeting.
ASS E SSM E N T AND CON C L U S ION:
This development functions as a continuing care facility,
offering a variety of services to residents. The property is
operated by a not-for-profit corporation and supported by bonds
issued by a public authority. This is consistent with a
"semi-public use," as stated in the the Purpose and Intent of
the CF District. The existing villas should be considered as a
part of the continuing care facility, since residents of these
units receive the same services as those in the "multi-family"
portion of the site. continuing Care Facilities are permi t ted
as conditional uses in CF. A rezoning of this portion of the
development from RL to CF would allow for the continuation of
and necessary irrprovements to the existing facilities without
creating undue conflicts with surrounding developments.
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend rezoning of parcels "W" and "X" of Abbey
Oelray South from RL to CF, based on positive findings.
C. Deny a rezoning for tracts "W" and "X" of Abbey Oelray
South, based on a failure to make positive findings.
S T A F F R E COM MEN D A T ION:
Recommend approval of the rezoning request for parcels "W" and
"X" of Abbey Oelray South from RL (Multiple Family Residential -
Low Oens i ty) to CF (Community Facilities), based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.S(E)(S).
.
Attachments:
* Location Map
Report prepared bY~eff perk~~ PlannIng Technician I
Reviewed by DJK on : ~~ ~ t..:EJ.CIl
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
.
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM i 128 - MEETING OF JANUARY 12. 1993
ORDINANCE NO. 3-93
DATE: January 8, 1993
This is first reading of an emergency ordinance amending the
Comprehensive Plan to accommodate the Tropic Harbor/Spanish Trail
Drainage project. This proposed improvemen~ is in excess of $100,000
and, as such, is required to be accommodated in the 5-Year Schedule of
Capital Improvements. In order to comply with Comp Plan requirements
it is necessary to process an emergency amendment. Processing this
amendment does not affect the City's ability to process other Plan
Amendments during the calendar year.
The Planning and Zoning Board will formally review this item at their
January 11th meeting. Their recommendation will be provided at
Tuesday evenings meeting.
Recommend approval of Ordinance No. 3-93 on first reading, subject to
the recommendation from the Planning and Zoning Board.
f~ (~/~)
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PLANNING ANO ZONING DEPARTMENT MEMORANDUM
TO: ALISON HARTY, CITY CLERK
GJ~j ~ML-
FROM. ID J. KO ACS, OIRECTOR
DEPARTMENT OF PLANNING AND ZONING
OATE: JANUARY 12, 1993
SUBJECT: CHANGE TO ORDINANCE 3-93
Ordinance 3-93 is scheduled for first reading at tonight's City
Commission meeting. Upon review of the budget transfer
information provided with the documentation, the following
change needs to be made to Ordinance 3-93. The CAPTION is NOT
affected.
Section 1- That Table IV-3, Five Year Capital
Improvements Schedule for Projects Greater than $100,000 is
hereby amended by the addition of the following project to the
STORM DRAINAGE UTILITY FUND - Spanish Trail (Tropic Harbor) 92/93
@ $200,000; and changing the FY 92/93 allocations for other
projects as follows: Northwest Area to $350,000; Germantown to
$-0-; and Other Miscellaneous Projects to $60,600.
The rest of the Ordinance is fine!
c:
Jeff Kurtz, City Attorney -
Oavid Harden, City Manager
Joe Safford, Director of Finance
John Walker, Planning Coordinator
T:03-93REV
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ORDINANCE NO. 3-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY
OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR
CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN
$100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A
DRAINAGE CAPITAL IMPROVEMENT; PROVIDING FOR EXEMPTION
FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Table IV-3 of the City of Delray Beach Comprehensive
Plan provides the Five Year Capital Improvements Schedule for Projects
Greater than $100,000; and,
WHEREAS, an emergency amendment to the Five Year Capital
Improvements Schedule is necessary to accommodate a drainage capital
improvement to replace collapsing storm sewers in Spanish Trail adjacent
to Tropic Harbor; and,
WHEREAS, F.S. 163.3187 states that "Emergency. means any
occurrence or threat thereof whether accidental or natural, causes by
man, in war or peace, which results or may result in substantial injury
or harm to the population or substantial damage to or 10S8 of property
or public funds; and,
WHEREAS, pursuant to F.S. 163.3187(1)(a) this amendment is
considered an emergency which allows it to be processed without regard
to the twice a year limitation of 163.3187(1); and,
.
WHEREAS, the Planning and Zoning Board, as the Local Planning
Agency, has determined that an emergency situation does exist, that
funding exists, and that accommodating the project would not be
detrimental to other drainage needs which are of the same importanc e;
and,
WHEREAS, The City of Delray Beach elects to make this a small
scale amendment exempt from the transmittal-and-ORC process by having
only an adoption hearing, pursuant to F.S. Section 163.3187 as amended
by SB 1882 (Committee Substitute) effective April 8, 1992.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Table IV-3, Five Year Capital Improvements
Schedule for Projects Greater than $100,000.00 is hereby amended by the
addition of the following project to the STORM DRAINAGB UTILITY FUND -
Tropic Harbor 92/93 - $200,000, and increasing Expenditures to
$810,600.00 and increasing the 92/93 Expenditures to $810,600.00.
Section 2. That the City of Delray Beach elects to make this
small scale amendment exempt from the Transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187 as amended by SB 1882 (Committee Substitute) effective April 8,
1992.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole.
,
Section 5. ~hat this ordinance shall become effective upon the
issuance of a Notice of Intent to find the plan amendment in compliance
by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on this the day
of I 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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- 2 - Ord. No. 3-93
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C I T Y COM MIS S ION o 0 CUM E N TAT ION
TO: C~:::;~k:::AGER
FROM: DAVIO J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 12, 1993
FIRST READING, EMERGENCY AMENDMENT TO THE
COMPREHENSIVE PLAN TO ACCOMMOOATE STORM ORAINAGE AT
TROPIC HARBOR
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an emergency amendment to the Comprehensive
Plan.
The amendment is requested in order to properly accommodate
an emergency situation with respect to storm drainage
system needs at Tropic Harbor.
BACKGROUNO:
Please refer to the attached Planning and Zoning Board staff
report for a full discussion of this item, the need for the
amendment, and its basis.
In summary, the proposed improvement is in excess of $100,000
and, as such, is required to be accommodated within the S-year
schedule of capital improvements. It is not, nor is there a
designated program for undertaking projects of such magnitude.
When the Master Orainage Plan is formally adopted and
appropriate changes are made to the Comprehensive Plan to
accommodate a defined program of drainage improvements, such a
Plan Amendment may not be necessary. However, at this point in
time, it is both necessary and appropriate to consider an
emergency plan amendment.
Processing a plan amendment at this time does not affect our
ability to process other plan amendments during this calendar
year. Two avenues for exception to the twice-a-year limitation
on plan amendments exist. One avenue is as a bonified
emergency. The s~cond is as a small-scale amendment.
I
City Commission Documentation
First Reading, Emergency Amendment to the
Comprehensive Plan to Accommodate Storm Drainage
at Tropic Harbor
Page 2
PLANNING AND ZONING BOARD CONSIOERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January 11th following a worksession review on
January 4th. At the worksession there seemed to be a consensus
that an emergency situation does exist, that funding exists, and
that accommodating the project would not be detrimental to other
drainage needs which are of the same importance. A report of the
Board's formal recommendation will be provided at the City
Commission meeting.
RECOMMENDED ACTION:
By Ordinance, approval of the proposed Amendment.
Attachment:
* P&Z Staff Report & Documentation of January 11, 1993
OJK/T:CCTH-DR.OOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY ll, 1993
AGENOA ITEM: II.B.l Plan Amendment 93-S1, Emergency Amendment
Re: Tropic Harbor Drainage Improvement
ITEM BEFORE THE BOARD:
The item before the Board is that of review 'and
recommendation to the City Commission for an emergency
amendment to the S-Year Schedule of Capital Improvements as
contained in the Comprehensive Plan
The specific improvement i~ rep~~and replacement of the
storm drainage system C "- fir't~ n L the Tropic Harbor
Condominium.
BACKGROUND:
Attached is information dated November 24, 1992, from
Environmental Services in which the problem, its solution,
estimate costs, and basis for responsibility is discussed.
In brief, the situation is that there is a failure in the storm
drainage system which is causing failure of parking areas and
travelways. While there is an apparent dispute (from the
Condominium Association) as to responsibility and participation
in costs, the subject before the Planning and Zoning Board,
acting as the Local Planning Agency, is to determine whether or
not an emergency amendment to the S-Year Schedule of Capital
Improvements should be adopted. The City Commission will be
considering this item at its meeting of January 12, 1993.
.
ANALYSIS:
The estimated cost for the improvements is $250,000, 2/3rds of
which is proposed to come from City sources. Since this
improvement exceeds the $100,000 limit and there are no other
programs (activities) under which it can be progran'lmed, it is
necessary to consider it through the Plan Amendment process. If
the item is declared to be of an emergency nature, the Amendment
is exempt from the two times a year statutory limitation.
NOTE: F.S.. 163.3187 states that "Emergency" means any
occurrence or threat thereof whether accidental or natural,
caused by man, in war or peace, which results or may result
in substantial injury or harm to the population or
substantial damage to or loss of property or public funds.
,
P&Z Memorandium Staff Report
Plan Amendment 93-S1, Emergency Amendment
Re: Tropic Harbor Orainage Improvement
Page 2
Also attached is Objective A-3 from the Capital Improvement
Element and Policy A-3.2 which provides the criteria upon which
amendments to the S-Year Schedule of Capital Improvements are to
be considered.
Additional information to be presented to the Board is that of
the funding source, the status of funds in that source, and the
effect of accommodating this project vis-a-vis other needed
projects. ,
RECOMMENDED ACTION:
Assuming that funding is available and no detrimental aspects of
accommodating the project are identified prior to the Board
meeting of January 11, 1993:
By motion, Based upon a finding that the proposed storm
drainage system improvements in Tropic Harbor meet criteria
(a) under Policy A-3.2 of the Capital Improvement Element
and upon a finding that funding, the allocation of which
will not adversely affect another programmed activity which
will also immediately eliminate a public hazard, is
available; the Planning and Zoning Board, acting as the
Local Planning Agency, recommends that the S-Year Schedule
of Capital Improvements, Table IV-3, (Page IV-13) be
amended by adding the project "Tropic Harbor" with the
approximate amount of $250,000 in FY 92/93; and, further,
that said improvement is declared to be an emergency
pursuant to F.S. 163.3187(a).
Attachments:
.
* Excerpt, Table IV-3. Five Year Capital Improvements
Schedule
* Objective A-3 & policy A-3.1,
* Report of November 24, 1992, by
Report prepared by OJK on 12/23/92:
OJK/PZ93-S1.DOC
'I
'" . $50,999 to eome fr~ Ceneral-Tax Revenues 8ommeRoiRg in
i'y 95/96 tor ~ontin\l~t.l.oR gf t.he sQ9nig streets aR8
bQautificatioR.p~o9r~m8. ~OPQR Spac:e 8-1. 2, Ceastal
D 3.2, Traffio B 3~2)~
Ob1ective A-3:
The City of Delray Beach shall establish programs and
procedures which require the provision of needed and desired
improvements, as identified in other elements, and which
shall manage the land development process so that needs
created by future development will not exceed the ability of
the City to meet them. Such programs and procedures shall,
at a minimum, include the following policies and activities.
(bS)
Policy A-3.1 The City of Delray Beach hereby adopts the
list of capital projects contained in the five year schedule
contained in Part IV.B. and establishes that all projects
identified as a mandatory need in the Inventory of this
Element shall be carried out in accordance with that
schedule. All other projects shall be carried out as
scheduled or within one year thereof. It is the
responsibility of the Local Planning Agency to review the
five year schedule each year and to prepare the five year
~ schedule for the second planning period so that it will be
adopted as an amendment to the Comprehensive Plan in June,
1993.
Policy A-3.2 The criteria which shall be considered in the
* amendment and modification of the S-year schedule and the
preparation of a S-year schedule for the second planning
,:~\\~\~ period shall include the following (c1) :
*' a) The highest. priority shall be afforded to activities
and projects which eliminate a public hazard whether it
be to health or the reduction of damage potential.
(cla)
b) The second highest priority shall be given to
activities and projects which eliminate less than
desirable conditions or provide services to unserved,
inhabited areas. ( c Ib )
c) Consideration shall be given to impacts upon the
availability of funds for the project and for other
projec~s; when appropriate for the purpose of providing
financial resources for other needs, an activity or
project shall be phased over a period of time. (clc)
wi d) When a project can be combined with another project in
the same geographic area, it shall receive a higher
priority e.g. combining needed street improvements with
scheduled water and sewer improvements may accelerate
the street improvement project. (cld)
III-H-20
,
e) When a project will receive significant funding (~
assistance from a development project or through
neighborhood contributions through an assessment
district or other method, it shall be accelerated on
the schedule. (cld & e)
f) When a project can be funded through an exclusive
funding source, it shall have a priority determined
through that funding source regardless of its
relationship to projects which are funded by other
funding sources e.g. a park constructed with dedicated
park funding can have a higher priority than a
manda tory need when the financing for the need isn't
available. (elf)
g) A project's priority shall increase if it can be tied
to the construction of a project undertaken by another
unit of government e.g. water main upgrading and
hydrant placements shall be coordinated with street
improvements which are constructed by Palm Beach
County. (clg)
h) A project's scheduling shall be consistent with respect
to other projects which have been prioritized within
other elements of this Plan, except as they may be
modified through the criteria contained within this
Policy A-3.2. .
Policy A-3.4 The ion (City Manager) shall
prepare a capital et (CIB) for each budget
year. The CIB by the Local Planning
Agency and mu b consistent with the
Comprehensiv Plan cons eration the City
Commissio (c7)
po1ic The City of Oelray Beach hereb adopts the .
Lev. of Service (LOS) standards as set forth n Table
-GOP-l as the mandatory levels of service for ublic
facilities within the City's Municipal Boundaries
III-H-21
,
DEPARTMENT or ENVIRONMENTAL SERVICES
KEKORAlfDOJ(
TO: DAVID BARDEN
CITY MANAGER
FROM: RALPH HAYDEN, P.B~
CITY ENGINEER
DATE: NOVEMBER 24, 199~
SUBJECT: TROPIC BARBOR CONDOMINIUMS
PAVEMENT DBTERIORATIOlf
PROJECT NO. 92-40
--------------------------------~---------------------------------
Attached is an Agenda Request and supporting information for the
regular commission Meeting on Decern~er 1, 1992, requesting
direction from commission regarding the release of the project for
bid and entering into agreements between the City and Tropic Harbor
required to proceed with the reconstruction project.
This project consists of installing approximately 2200 L. F. of
reinforced concrete drainage pipe, 40 drainage structures and
additional items such as pavement restoration, etc..
The funding source for this project will be the storm water utility
fund and contributions from Tropic Harbor.
OB:RH:db
Attachment
File: Project No. 92-40
Memos to City Manager
.
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PROJECT
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LOCATION NIAP
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ,~~ - MEETING OF JANUARY 12. 1993
ORDINANCE NO. 4-93
DATE: January 8, 1993
This is the first reading of an ordinance amending Subsection 4.5.5(B)
of the Land Development Regulations to provide for a prohibition on
the installation of new private or reconditioning of existing private
wells to a greater depth within Wellfield Protection Zones 1, 2 and 3
of the Series 20 Wellfield.
Due to the contamination within the 20 Series Wellfield, it is
necessary to restrict private well use to restrain the migration of
contaminates. By restraining the contaminant migration, it can be
pumped through the City'S system which removes the volatile organic
compounds.
Recommend approval of Ordinance No. 4-93.
'.
.
c:r T Y r~fT 0 R N E Y 'S 0 F FIe E TEL No. 407 278 4755 J a n 08, 93 15: 24 P . 02
ORDINANCB NO. Y. - 93 .
AN ORDINANCE or THE CITY COMMISSION or THE CITY OF
OELRAY BEACH, FLORIDA AMENDING SECTION 4.5.5 "PALM
BEACH COUNTY ORDINANCES", or THE LAND DEVELOPMENT
REGULATIONS OF THI COOl or ORDINANCES or THE CITY OF
OELRAY BEACH FLORIDA, BY AMENDING sua-SECTION
4.5.5(B), "WELLFIELD PROTECTION ORDINANCE", TO
PROVIDE FOR-A PROHIBITION ON THE INSTALLATION OF NEW
IRRIGATION WILLS OR RECONDITIONING or EXISTING
IRRIGATION WELLS TO A GREATER DEPTH WITHIN ZONES 1,
2, AND 3 OF THE SERIBS 20 WELLFIELD AS INDICATED ON
THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCE MANAGEMENT'S APPROVED WELLFIELD MAP;
PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, AND
AN BFFBCTIVE OATS.
WHEREAS, the City Commission of the City of Delray Beach has the
authority to regulate the use of water within the city'of Delray Beach
in order to protect the health, safety, and welfare of its resident8;
WHEREAS, at the present time there 1s contamination surrounding the
20 series Wellfleld as Indicated on the Palm Beach county Department of
EnvironmentBl-Re.ource Management'. Approved wellfield Mapi
WHEREAS, in order to limit the movement of contaminants from the 20
Serie. Wellfield, the City Commission of the City of Delray 8each finds
it necessary to implement re9ula~1on8 which will prohib1~ the installa-
~ion of new irrigat10n w~ll in the Serie. 20 Wellf1eld;
WHEREAS, the City of Delray Beach Planning and Zoning Board, as the
Local Planning Agency, has found the modif1cation. hereIn consistent
with the City of Delray Beach Comprehen.1ve Plan;
NOW THSR&!'Oas, 88 IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AS FOLLOWS:
Section 1. That Chapter 4, II Zoning Regulations ", Article 4.5,
"Overlay and !nvironmental Management Districts", Section 4.5.', "Palm
Beach County Ordlna~ces", Sub-section 4.5.5 (8), "Wellfleld Protection
Ordinance", of the Land Development Regulations of the Code of
Ordinances of the City of Delray BeaCh, Florida, be, and the same 1s
hereby amended to read as follow.:
(B) wellfleld ProtectIon erd~nanee
(l) R.t.~.nc.: ee~n~r-e~dtn4nee-88-~7 The palm Beach County
wellfield protection Ordinance as initially adopted on March 7,
,
.
CI TY P..TTORNEY' S on'r CE TlL ,\ja. 407 278 4755 Jan 08,93 15:24 P.03
.
1988, and al amended thereafter, applies within the municipal
limits of Delray Beach.
(2) Agpl1gab11ity: TO land contained within Wellfield
Protection Zone. l,2, and 3, and 4 al depicted upon the Pts~tlre
hand- eae - Map - in- the - eOll\p~eheftsiye - Piaft Welltield protection Ma~
Series as maintained by the Palm Beach County Department 0
Enviromnental Resources ManaQement and upon which any of the
following uses or activities are proposed:
(a) Application for a building permit for nonre.idential
activity;
(b) Application for a building permit for residential
development of twenty-five (25) or more units;
(c) Application for a nonresidential development lubject
to site plan review or conditional use review and
approval.
(3) 'J:oc.,,:
(a) Development Applications: When the above activities
-- occur, the City shall require the applicant to file
an '.Affidavit of Notification" signec1 by the County
Department of Environmental Resources Management as
a part of submission materials. When site plan or
conditional approval is re~Uired, ~~he staff report
provided to the approv nq body shall contain
infomation as to the potential existence ot
re9Ulated substances and the manner in which
cOlllPliance with applicable provisions of the
Ordinance will be achieved.
(b) Occupational Licenses: Prior to issuance of a new
occupatIonal licen.., certification from the
Department of Environmental Resources Management as
to conformance of the use to applicable requirements
of the wellfielc1 Protection ordinance, must be
provided to the City.
(4) Addit1.onal R..trictions: In addition to the provisions
of the Countywide wellfield Protection Ordinance, the followinq special
regulations apply within the City of Delray Beach.
ill The installation ot any private well within Zones 1,
2, and 3, as depicted on Palm Beach County.s
Department of Environmental Resources Manaqement
-
2 Ord. No.
.
.
CITY ~TTORNEY'S OFFICE TEL No. 40? 2/G 4755 Jan 08,93 15:25 P.04
,
wellfield Protection Map, tor the City'. Series 20
Wellfield ie >>rohibjted.
ill The rePlace.enti reconditioningl or extens10n of the
deo~ Dr vata well within Zone. 1, 2, and 3,
as ep cta on Palm Beach County' a Department 0 f
Environmental Re.ource. Manaaement Well field
Protection Map, for the City's Series 20 Wellf1eld
is prohibited.
Section 2. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by
a court ot competent jurisdiction to be invalid, such decision shall not
affect the validity ot the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which are in
conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effactive ten (10)
days after its passage on .econd and final readin9.
PASSED AND ADOPTED in regular ....ion on second and final
reading on this the day of , 1993.
---
MAYOR
ATTEST: .
City Clerk .
Firat Reading
Second Reading --'"
w.11a.ori
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3 Ord. No.
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. (1\
(~/l
C I T Y COM MIS S ION o 0 CUM E N TAT ION
TO: CJ ~~~:::AGER
FROM: OAVIO J. KOVACS, OIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 12, 1993
PROPOSEO ORDINANCE PROHIBITING PRIVATE WELLS WITHIN
THE SERIES 20 WELLFIELD AND OTHER CHANGES TO LOR
SECTION 4.S.S(B), WELLFIELO PROTECTION
ACTION REQUESTEO OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an Ordinance which will prohibit the
installation of private wells within We1lfield Protection
Zones 1, 2, and 3 as established for the Series 20
Wellfield.
The Series 20 Wellfield is located in the vicinity of SW
10th Street, east of 1-95. See general location which is
attached.
In addition, other up-dating changes are proposed to
Section 4.S.S(B) which provides for Wellfield Protection.
BACKGROUND: .
The Countywide Wellfield Protection Ordinance applies within the
City. A reference to it, along with local requirements, is
found in LOR Section 4.S.S(B). Over time, the County Wellfield
Protection Ordinance has been revised and it is appropriate to
also revise our regulations to provide for consistency.
In addition, because the Series 20 Wellfield is experiencing
contamination it is necessary and appropriate to impose
restrictions on the use of private wells (for irrigation or work
purposes) within the limits of Protection Zones 1, 2, and 3. By
restricting such. wells, the migration of contaminants can be
restrained and they can be picked-up through our municipal wells
which are equipped to remove the contaminants through an
air-stripping process.
"
.
.
City Commission Documentation
Proposed Ordinance Prohibiting Private Wells Within
The Series 20 Wellfield and Other Changes to
LDR Section 4.S.S(B), Wellfield Protection
Page 2
PLANNING ANO ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally reviewed this item
at its meeting of January 11, 1993. There findings and
recommendation will be reported at the City Commission meeting.
RECOMMENOEO ACTION:
By motion, approval of ordinance on first reading.
Attachment:
* P&Z Staff Report & Documentation of January 11, 1993
* Ordinance by others
DJK/T:CCSER20.00C
.
.
,
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE WELLFIELD PROTECTION
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LORs. The changes contemplated in this
proposed ordinance affects wellfield protection and
includes:
* Up-dating changes to LOR Section 4.S.S(B).
* A new prohibition on drilling, reconditioning, or
extending to a greater depth any existing well within
Zones 1, 2, and 3 within the Series 20 Wellfield.
BACKGROUND:
The Countywide Wellfield Protection Ordinance applies within the
City. A reference to it, along with local requirements, is
found in LDR Section 4.S.S(B). Over time, the County Wellfield
Protection Ordinance has been revised and it is appropriate to
also revise our regulations to provide for consistency. The
revisions also bring the regulations into compliance with policy
directives in the Comprehensive Plan e.g. expansion of
protection to Zone 4.
In addition, because the Series 20 Wellfield is experiencing
contamination, it is necessary and appropriate to impose
restrictions on the use of private wells (for irrigation or work
purposes) within the limits of Protection Zones 1, 2, and 3. By
restricting such well'B , the migration of contaminants can be
restrained and they can be picked-up through our municipal wells
which are equipped to remove the contaminates through an
air-stripping process.
The proposed amendments are not only consistent with the
Comprehensive Plan, but also further its objectives.
RECOMMENDED ACTION:
By motion and upon a finding that the proposed changes to LOR
Section 4.S.S(B) ~re consistent with, and further, the goals of
the Comprehensive Plan that they be approved.
Attachment:
* Mark-up of additions and deletions
Report prepared
I
.
Section 4.5.5 Palm Beach County Ordinance: Palm Beach County
is a Charter County and, as such, has the ability to enact
ordinance which are effective within municipal boundaries. The
manner in which such ordinances, which impact the land
development process, are accommodated within the City of Delray
Beach is set forth below.
(B) Wellfield Protection 0t4l~_~~.
( 1) Reference: tl!S~riti 0tdIftarilte 88f71 The Palm Beach
County Wellfield Protection Ordinance as initially adopted on
March 07, 1988, and as amended thereafter, applies within the
municipal limits of Delray Beach.
(2) Applicability: To land contained within Wellfie1d
Protection Zones l, 2, arid 3, and 4 as depicted upon the r~t~te
taftd ~~e Map Ift tKe tl!S~pteKeri~lte Plaft Wellfield Protection Map
Series as maintained by the Palm Beach County Department of
Environmental Resources Manaqement and upon which any of the
following uses or activities are proposed:
(a) Application for a building permit for
nonresidential activity;
(b) Application for a building permit for residential
development of twenty-five (25) or more units;
(c) Application for a nonresidential development
subject to site plan review or conditional use
review and approval.
(3) Process:
(a) Oevelopment Applications: When the above
activities occur, the City shall require the
applicant to file an "Affidavit of Notification"
.
signed by the County Department of Environmental
Resources Management as a part of submission
materials. When site plan or conditional approval
is required, T~he staff report provided to the
approving body shall contain information as to
the potential existence of regulated substances
and the manner in which compliance with
applicable provisions of the Ordinance will be
achieved.
(b) Occupational Licenses: Prior to issuance of a
new occupational license, certification from the
Oepartment of Environmental Resources Management
as to conformance of the use to applicable
requirements of the Wellfield Protection
Ordinance, must be provided to the City.
,
.
(4 ) Additional Restrictions: In addition to the proviSions
of the Countywide Wellfie1d Protection Ordinance, the following
special requlations apply within the City of Oelray Beach.
.w. The installation of any private well within Zones
1, 2, and 3 I as depicted on Palm Beach County's
Department of Environmental Resources Management
Wellfie1d Protection Map, for the City's Series
20 Wellfield is prohibited.
ill The replacement, reconditioninq, or extension of
the depth of any private well within Zones 1, 2,
and 3, as depicted on Palm Beach County's
Department of Environmental Resources Management
Wellfield Protection Map, for the City's Series
20 Wellfie1d is prohibited.
.
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